Liquidation sale certificate cannot be challenged to compel fresh land demarcation when survey remedies were not pursued.

Land demarcation and survey are functions of the authority constituted under the Kerala Survey and Boundaries Act, 1961, not of a liquidator under the Insolvency and Bankruptcy Code, 2016. Where the liquidation estate had already been identified and demarcated by competent revenue officials, and the sale was limited to that identified estate, no basis existed to compel a fresh survey in liquidation proceedings or to set aside the sale certificate. The appellant's failure to use the statutory remedies under the survey law further supported refusal of relief. The rejection of the applications was therefore justified and required no interference.

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Issues: Whether the appellate tribunal should interfere with the rejection of the applications seeking setting aside of the sale certificate and directions to the liquidator to identify and demarcate the mortgaged land.

Analysis: Land demarcation and survey fall within the domain of the authority constituted under the Kerala Survey and Boundaries Act, 1961, and not within the powers of the liquidator under the Insolvency and Bankruptcy Code, 2016. The record showed that the liquidation estate had already been identified and demarcated by competent revenue officials, and the sale was confined to that identified estate. Since the appellant had not availed the statutory remedies available under the survey law and had not established any legal basis to require the liquidator to undertake a fresh survey or demarcation, no direction could be issued in the liquidation proceedings to set aside the sale certificate or to compel the liquidator to perform a function outside his statutory authority.

Conclusion: The rejection of the applications was justified and required no interference.

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