2020 (9) TMI 1213

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..../Chd/2019 was admitted by this Adjudicating Authority vide order dated 27.11.2019. The instant IA has been filed by the Resolution Professional of M/s Agro Dutch Industries Limited under Section 19(2) of the Insolvency and Bankruptcy Code, 2016 seeking issuance of directions against the respondent not to threaten the applicant or the security personnel at the site of the corporate debtor and not to enter into the premises of the land belonging to the corporate debtor and for certain other consequential reliefs. 2. Heard Dr. Rajansh Thukral, the learned counsel for the applicant and Mr. Pankaj Khullar, the learned counsel for the respondents. 3. It is submitted on behalf of the applicant that one of the closed plants of the corporate debto....

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.... forcefully got gate No. A opened and started using the area from Gate A to its land as a passage to its company. When the security personnel employed by the applicant objected for the same, the respondents have threatened them by saying that there is a common passage and that they are entitled to utilize the same. In this connection police complaints were also made. 5. The applicant submits that there is no common passage available for the respondent beside the compound wall of the corporate debtor company and hence, they cannot use the land inside Gate No. A upto the property of the respondent. He further submits that the Suspended Board of Directors with malafide intention executed the sale deed dated 09.10.2015 in favour of the respond....

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....orporate debtor. Accordingly, it is prayed for dismissal of the IA. 8. It is not in dispute that the registered sale deed dated 09.10.2015 Annexure A-4 under which the respondent purchased the property from the corporate debtor shows that there is a common road on the South side of the respondent's property with 26 ft. 10 inches width. Though no plan is enclosed to the said registered sale deed even according to the respondent, but unless the said sale deed is declared as invalid in an application filed by the Resolution Professional, the usage of the said common road by the respondent company cannot be objected. At the same time, the respondent company or its men cannot create any disturbance to the applicant or to the corporate debtor or....