2020 (9) TMI 122

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....r dated 24th January, 2020 passed by learned NCLT in MA No.282 of 2020 filed by Liquidator in C.P.(IB)-1055/(MB)/2017. By the said Order, the Application of Liquidator was accepted and the Appellant who claimed to be in possession of part of property of the Corporate Debtor on the strength of a letter dated 17th August, 2002 (Annexure A-2) was directed not to disturb the possession of the Liquidator or to create obstruction. By the same Impugned Order, the Adjudicating Authority (National Company Law Tribunal, Mumbai Bench) quashed Civil Suit No.251/2019 on the file of Civil Court, Junior Division, Wada District Palghar, Maharashtra, and inter alia directed Police to arrest Appellant for threatening and obstructing Liquidator. 2. The Appel....

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....roperty of the Corporate Debtor. The Liquidator also claimed that this Appellant had even sent e-mail showing interest in part of the property but the same did not materialize and the property came to be e-auctioned to third party on 27th November, 2019. Thereafter, it is stated that Respondent No.1 filed Civil Suit seeking injunction against the Corporate Debtor with respect to the Wada property and the Liquidator received Summons from Civil Court on 20th January, 2020. Thus, he moved the Application against the Appellant and others claiming that Civil Court has no jurisdiction in view of provision of Sections 33(5), 60(5), 63(3), 231 and 238 of Insolvency and Bankruptcy Code, 2016 (IBC - in short) and sought reliefs that Respondent No.1 (....

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....e. The letter is not based on any resolution of Trust. The Appellant does not show that he is in possession as owner or tenant, or licensee as such. Only giving property to manage school at the place would not be sufficient for the Appellant, to claim possession, when the Corporate Debtor goes in liquidation. 5. We do not find any error in the Impugned Order where it directs that the Appellant will not disturb or obstruct the possession of Liquidator with regard to the property concerned. However, it appears to us that the direction passed by the Adjudicating Authority quashing Civil Suit, is not legal. The Adjudicating Authority referred to Section 33(5). Section 33(5) of IBC reads as under:- "(5) Subject to section 52, when a liquidati....