2020 (1) TMI 1211

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....42/2020, MA 282/2020 In C.P. (IB) 1055/(MB)/2017 MA 282/2020: This is an application filed by the Liquidator of Roofit Industries Limited with the prayer to quash the Civil Suit No. 251/2019 on the file of Civil Court Junior Division, Wada District Palghar filed by Respondent No. 1 Mr. E.C. John. Mr. E.C. John was also the occupant of the Corporate Debtor and later when the CIRP orders were p....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....Corporate Debtor later on ought to have been handed over by the said plaintiff i.e. Mr. John to the RP, did not comply with the requirements of the IBC, 2016 but when the liquidation orders were passed and the property was put up for sell the very same Mr. John had come forward and on 09.10.2018 had written a letter to the liquidator evincing keen interest in purchasing the subject matter of the p....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....nd not to demolish the structure constructed by the Plaintiff over the suit property. At this point of time when the hearing is going on, the said plaintiff Mr. E.C. John entered the court room with his counsel Mr. Ajay Fernandes and tried to submit that he has constructed a wall around the subject matter of the property and hence there is some understanding and he be given the possession and sou....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....               And hence we hereby quash the civil suit No. 251/2019 on the file of the Civil Court Junior Division, Wada District Palghar, Maharashtra forth with. We make it very clear that any disturbance to the possession of the Liquidator or any obstruction if at all is caused by the said plaintiff who is Respondent in the....