2025 (7) TMI 2034

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....alash S. Singhai, Ms. Parul Khanna, Mr. Harshal Sareen, Advocates. For the Respondents : Mr. Prashant Mehta, Advocate for CoC. ORDER This order shall dispose of two appeals bearing CA (AT) (Ins) No. 883 of 2025 titled as Manish Mittal vs. MKMG Jewel Developers Pvt. Ltd. & Ors. (herein after referred to as first appeal) and CA (AT) (Ins) no. 868 of 2025 titled as Sharad Jain vs. Durga Das Agarwal, RP of MKMG Jewel Developers Pvt. Ltd. (herein after referred to as second appeal) as the issue involved in both the appeals is common. 2. Briefly put, Ambrane India Pvt. Ltd. filed an application under Section 7 against MKMG Jewel Developers Pvt. Ltd. (Corporate Debtor) before the National Company Law Tribunal, New Delhi which was admit....

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....25. 7. The RP filed the application bearing IA No. 270 of 2025 for seeking police assistance to take possession and by breaking open the locks of the premises in question. 8. It is submitted by the Respondent No.1 that possession of 17 shops and 3rd floor terrace was taken but in the meantime, this IA has been filed by them and the appellant in the first appeal, vide IA No. 2759/ND/ 2025, made the following prayers: "a) Implead the Applicant in the present case as a necessary and proper party; b) Pass an interim order staying the operation of the order dated 10.12.2024 and 22.05.2025 passed by this Hon'ble Adjudicating Authority, to the extent that they seek possession of the properties sold by the Corporate Debt....

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....ises may show the original title deeds to him so as to enable him to take a decision qua the status of the subject property. Let the needful be done. 4. The appellant shall cooperate with the Resolution Professional and shall not interfere in his functions. 5. Notice be issued to the Respondent. List the appeal on 25.06.2025". 11. The first appeal came up for hearing on 25.06.2025 in which the following order was passed: "Having regard to the request made by Learned Counsel for the Respondent No.1- RP, let this appeal may now be listed on 01.07.2025, under the same caption". 12. The grievance raised in both the appeals, is similar that they are the rightful owner of the property in their possession on the ba....