TaxTMI 
TaxTMI 
2025 (8) TMI 574
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....shit Garg, Advocates for R- 2 & 3 ORDER ( Hybrid Mode ) [ Per : Justice Rakesh Kumar Jain ( Oral ) 06.08.2025: This appeal is directed against the order dated 10.10.2024 in which the Tribunal at Allahabad has passed certain directions. The application bearing IA No. 455 of 2024 is filed by Respondent No. 2 and 3 in CP (IB) No. 75/ALD/2019 which had already been disposed of, having been resolved by Respondent No. 3 by taking over Respondent No. 2. The prayers made in the application are as under: "(i) Allow the instant Application; (ii) Direct the Respondent Nos. 1 to 3 to execute/continue a long term lease qua the properties described as "Bharuch Plant" and "Haridwar Plant" as described at Para No.9 in favour o....
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....as made the following observations: "5. After arguing for some time, Ld. Counsels representing the parties are at ad idem that there is no dispute with respect to the title of the land which belongs to the M/s Himalayan Minerals Waters Pvt. Ltd. which is now being taken care of by the RP. There is also no dispute with respect to some of the buildings/construction having been made by the erstwhile M/s Fedders Electric & Engineering Ltd./SRA during the currency of the successive lease deed executed inter se between the parties, however the dispute only remains as to the quantum and the measurement of the building constructed thereon. However, there is also no dispute with respect to the plants and equipments installed therein. ....
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....peal has been filed in which notice was issued on 24.10.2024 and it was directed by this court that in the meantime, "in pursuance of the Impugned Order, Plants and Equipment may not be removed and demolition be carried on the subject land". Order dated 24.10.2024 is reproduced as under: "Learned Counsel for the Appellant submits that the Appellant was granted a Lease Deed which are at Pages 73 & 77 and Appellants have his goods, in the meantime the lessor of the Appellant has filed an Application being I.A. 455/2024 before the Adjudicating Authority (National Company Law Tribunal, Allahabad Bench, Prayagraj) in C.P. (IB) No. 75/ALD/2019 against the RP of Himalayan, Respondent No. 1 praying certain directions restraining the Respon....
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....ent may not be removed and demolition be carried on the subject land. List this Appeal on 22nd November, 2024. 6. Counsel for the appellant has submitted that further an order was passed by this court on 22.11.2024 as per which the appellants were directed to deposit the rent w.e.f August, 2024 @ Rs. 10,00,000/- p.m. i.e. Rs. 7.5 lakhs by appellant no. 1 and Rs. 2.5 lakhs by appellant no. 2 for both the premises, on or before 7th day of each calendar. It is submitted that the rent from August, 2024 till August, 2025 has continuously been deposited by way of pay order to Pay & Accounts Officer, Ministry of Corporate Affairs, New Delhi. 7. Counsel for the appellant has submitted that both the appellants, in any case, would h....
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....in which Mr. Bhoopesh Gupta has been appointed as the RP and the building/shed constructed over the land is claimed by Respondent No. 2 and 3 as belonging to them, therefore, the amount of rent which has been generated on the premises in question and is lying deposited by order dated 22.11.2024 is required to be apportioned accordingly. 10. Counsels appearing on behalf of the Respondents have submitted that they are not averse to grant of time to vacate the premises in question but have strongly objected to the period of three months as prayed for by the appellants. It is submitted by them that the appellant is already in possession from the last 9 months by virtue of the order passed by this court therefore, the time, asked for by the a....