IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT NAGPUR
M.S.JAWALKAR
Mohota Industries Ltd. – Appellant
Versus
Vibha W/o Mayank Agrawal – Respondent
JUDGMENT :
M.S. JAWALKAR, J.
1. Heard learned Counsel for both the parties.
2. Present Revision is filed being aggrieved by the order dated 23.11.2023, passed by learned Joint Civil Judge Junior Division, Hinganghat on Exh. 24 and thereby rejected the application for rejection of plaint under Order 7 Rule 11 of Code of Civil Procedure.
3. The Brief of the case is as under:
Respondent had leased property situated at all that is piece and parcel of land admeasuring 42000 Sq. Mtrs. bearing Survey No.14/2 (kh) at Mouza Burkoni, Mouza No.119, Patwari Halka No.31, situated at Burkoni, Tehsil Higanghat, District Wardha, Maharashtra to the applicant Company by entering into a lease deed. Respondent allegedly issued a notice dated 01.06.2021 terminating the lease deed dated 28.03.2007 and asked the applicant to vacate the suit property. The respondent (Original Plaintiff) has instituted a suit against the applicant through Regular Civil Suit No.23 of 2022 ("the Suit") before the learned Civil Judge Junior Division Higanghat, Dist. Wardha, seeking declaration, recovery of possession, eviction, and injunction along with arrears of rent with regards to the property.
4. The respondent filed an applic
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The NCLT has exclusive jurisdiction under the IBC Code, and property dues of KMC do not take precedence over the dues of other classes of secured creditors.
The court established that the nature of challenge under Article 226 and the absence of jurisdiction could trigger the invocation of the High Court's jurisdiction. The court also clarified that the f....
Moratorium under Section 14(1)(d) IBC prohibits lessor from recovering leased property occupied by corporate debtor during CIRP, even if lease terminated pre-CIRP.
NCLT lacks jurisdiction to adjudicate pre-CIRP title disputes, mandating civil court resolution for issues concerning ownership and forged documents.
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