2020 (1) TMI 1211

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....124. MA 205/2020, MA 241/2020, MA 242/2020, 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 Debto....

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....y in the suit which actually belong to the 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 interes....

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....ts behalf from disturbing the lawful possession and 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 u....

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....ions of the IBC, 2016 are barred under law."                  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 ....