TaxTMI 
TaxTMI 
2026 (8) TMI 1400
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....ned Counsel appearing for the Appellant as well as Mr. Malhar Zatakia for the Liquidator/ Respondent. Perused the record. 2. The instant appeal has been filed by the Appellant challenging the Impugned Order dated 09.07.2026 passed by the Learned Adjudicating Authority w.r.t., the application being IA (I.B.C)/1023/MB/2025 in CP (IB) NO. 93 of 2022 moved by the Liquidator, whereby certain directions to appoint independent architect/ surveyor to inspection and measure the A-2, premises in possession of the Appellant and for taking appropriate action for declaration of title in the name of the CD in respect of the Area in the Office 2, have been passed by the Learned Adjudicating Authority. 3. Learned Counsel for the Appellant at the outs....
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....upon the law laid down by this Appellate Tribunal in the matter of SICOM Ltd. vs. Kitply Industries Ltd. & Anr. passed in Company Appeal (AT)(Insolvency) No.849/2021 specifically on internal paragraph no. 69 of the report in order to buttress his point that the Learned Adjudicating Authority has exceeded in its jurisdiction in passing the Impugned Order of inspection and measurement of the property, with consequential directions. 8. Learned Counsel for the Liquidator has however, submits that there is no impropriety or illegality in the Impugned Order passed by the Learned Adjudicating Authority and though various prayers were sought in the application moved before the Learned Adjudicating Authority, but the Learned Adjudicating Authorit....
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....ring and final disposal of the present application, this Hon'ble Tribunal be pleased to restrain the Respondent from entering into or dealing with in any manner the said Property: f. Cost of the present application: and g. Any relief as may deem fit in the interest of justice." 10. We also notice that since no Resolution Plan was approved by the CoC of the CD a decision to liquidate the same was taken by the CoC which was also approved by the Learned Adjudicating Authority and in this regard the Respondent Liquidator was appointed. 11. We also notice that it has been stated by the Learned Adjudicating Authority in Impugned Order in para no. 7 that the CD is the owner of the property situated at A-2 (Part 2), 2nd ....
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....e Liquidator was that CD owns a portion of the premises A-2 (Part 2) and the Appellants have claimed their ownership over the entire unit A-2 based on Agreement for Sell. In this regard Adjudicating Authority has perused the authenticated floor map/ layout plan as per sanctioned plan and found discrepancy between the Area Reflected in the maintenance receipts and bills of the Appellant and contractual area emanating from Mukti Infrastructure to Mr. Sabu. It is also noted that none of the Registered documents described the boundaries and also that the office 2 at 2nd Floor was sold in two parts and cumulatively, the sold area to Appellant exceeds the allotted area and also that Agreement to Sell dated 01.10.2009 does not describe office A2 a....