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1. ISSUES:
1. Whether the appointment of a Mediator/Local Commissioner to conduct an on'site inspection and facilitate removal of materials, plants and equipment is appropriate where parties agree that "there is no dispute with respect to the title of the land" and "there is also no dispute with respect to the plants and equipments installed therein".
2. Whether non'impleadment of a lessee occupying the premises requires interference with an order appointing a Mediator/Local Commissioner or with interim directions affecting possession and removal of goods.
3. Whether interim directions restraining removal/demolition and prescribing deposit of rent should be continued, modified or set aside pending determination of entitlement to rent and possession.
4. Whether an occupying lessee is entitled to a reasonable period to vacate where bulky/fragile inventory (notably glass) requires careful removal and seasonal conditions (monsoon) make immediate vacatur impracticable.
5. What procedure should govern disbursement/apportionment of rent deposited with the court/Pay & Accounts Officer and interim enforcement measures for breach of undertakings (including contempt and eviction by police force).
2. RULINGS / HOLDINGS:
1. The order appointing a Mediator/Local Commissioner and authorising on'site inspection and supervised removal is not interfered with where the parties are "at ad idem" that title belongs to the owner and dispute is limited to quantum/measurement of building, and where "on the spot inspection may be carried out by way of appointment of a Mediator/Local Commissioner".
2. Non'impleadment of the occupying lessee did not, in the view of the Court, warrant setting aside the impugned order; the Court maintained the impugned directions but preserved interim protections for the occupant by directing that "Plants and Equipment may not be removed and demolition be carried on the subject land" (interim direction previously issued by the Court).
3. The earlier interim direction requiring the lessee to deposit outstanding rental was affirmed in substance: the lessee must continue to deposit rent in accordance with the prior direction, specifically to "deposit the rent w.e.f August, 2024 @ Rs. 10,00,000/- p.m." (as allocated between occupants) and continue monthly deposits pending final determination.
4. The occupying lessee was granted additional time to vacate until 15.09.2025 on the grounds of the volume and fragile character of the goods and prevailing monsoon conditions, subject to continued payment obligations and the undertaking given to the Court; failure to comply will expose the occupant to prosecution for contempt and eviction by police force.
5. Directions for handling deposited rent were issued: the Pay & Accounts Officer shall release amounts to the Resolution Professional on application after due verification; the Resolution Professional is directed to deposit the said amount in an escrow account and "shall immediately file an application before the Ld. Tribunal for obtaining an order of disbursement of the amount of rent to the party concerned or as per their entitlement".
6. The appointment of a named Mediator/Local Commissioner for on'site inspection, videography and reporting was confirmed with the Mediator's "honorarium" fixed at "Rs.1.0 lac" and incidental expenses to be borne by the applicant seeking removal.
3. RATIONALE:
1. The Court's decision rests on the factual admissions and common ground recorded before the Tribunal that title to the land rests with the owner and that plants and equipment inside the building are not disputed; those concessions made appointment of an independent fact'finding mechanism appropriate to resolve measurement/quantum and identify property belonging to each stakeholder.
2. The Court applied interlocutory principles balancing the rights of an occupying lessee against the owner's title and the resolution process: interim preservation of goods ("Plants and Equipment may not be removed") and the requirement of continuing rent deposits were used to protect competing entitlements while permitting a supervised fact'finding and removal process.
3. Practical considerations (volume/fragility of material; monsoon season) were treated as legitimate grounds to extend vacatur timelines; the extension was conditional on continued compliance with deposit obligations and undertakings enforceable by contempt and eviction, reflecting the Court's reliance on enforceable undertakings to secure interim relief.
4. The procedural mechanism ordered for rent disbursement-release by the Pay & Accounts Officer after verification, deposit by the Resolution Professional into an escrow account, and an application to the Tribunal for disbursement "as per their entitlement"-implements an administrative route to protect competing claims to interim funds pending judicial determination.
5. No differing, concurring or dissenting opinion is recorded; no doctrinal shift is indicated beyond the application of standard interlocutory balancing and fact'finding by appointment of a Mediator/Local Commissioner.
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