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NCLAT dismissed the appeal involving a property transfer dispute between a corporate debtor and a sole proprietorship firm. The Appellate Tribunal held that the subject property was lawfully in possession of the Resolution Professional during Corporate Insolvency Resolution Process (CIRP). A Take Over Agreement dated 16.12.2016 demonstrated the appellant's intention to transfer the property's ownership to the corporate debtor. The Resolution Plan, approved with 80.43% voting share, further validated the property's status. The tribunal concluded that the Resolution Professional had legitimate power to possess the property, and the appellant cannot reclaim possession after voluntarily agreeing to transfer the asset. The appeal was consequently dismissed.
NCLAT dismissed the appeal involving a property transfer dispute between a corporate debtor and a sole proprietorship firm. The Appellate Tribunal held that the subject property was lawfully in possession of the Resolution Professional during Corporate Insolvency Resolution Process (CIRP). A Take Over Agreement dated 16.12.2016 demonstrated the appellant's intention to transfer the property's ownership to the corporate debtor. The Resolution Plan, approved with 80.43% voting share, further validated the property's status. The tribunal concluded that the Resolution Professional had legitimate power to possess the property, and the appellant cannot reclaim possession after voluntarily agreeing to transfer the asset. The appeal was consequently dismissed.
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