The court applied the provisions of the Companies Act 1956 and the judgment in Action Ispat and Power Limited v. Shyam Metalics and Energy Limited, (2021) 2 SCC 641, to decide on impleadment, release of land, and transfer of the main petition and related applications to the NCLT.

JUDGMENT

Prathiba M. Singh, J. (Oral)--This hearing has been done through hybrid mode.

CO. APPL.586/2022 in CO.PET. 446/2013

2. The present Application has been moved by Mr. Ramesh Aggarwal seeking impleadment on account of being a necessary party in the current petition. It is the case of the Applicant that he is the sole and absolute owner of the following properties situated at:

(1) District - West Tripura, Sub-Division and Sub-Registry Sadar, Tehsil & Mouja - North Champamura, appertaining to Khatian No. 1383, Touji No. 1223/P, Sabek Dag No. 4186/P, 4185, 4184, Hal Plot No. 7024/P, 7025, 7026, measuring 0.74 acres classified as Viti (Tilla), Tilla by way Rayati Jote.

(2) District - West Tripura, Sub - Division and Sub - Registry Sadar, Tehsil & Mouja-Uttar Champamura, appertaining to Jote Khatian No. 2940, Sabek Dag No. 4204/P, Hal Plot No.7023/9156, measuring 0.16 acres classified as Tilla, by way of Rayati Jote.

(3) District-West Tripura, Sub.-Division and Sub-Registry Sadar, Tehsil & Mouja-Uttar Champamura, appertaining to Jote Khatian No. 5260, Sabek Dag No. 4183, Hal Plot No. 7014, measuring 0.39 acres classified as Bastu (Tilla), by way of Rayati Jote.

3. The Applicant claims to be engaged in the business of transportation in the name of Golden Logistics, having its registered office in Guwahati. A company named Natural Oil and Gas Services Ltd. approached the Applicant in April, 2017 by representing to the Applicant that it was involved in providing services of oil and gas extractions. As per the ld. Counsel for the Applicant, Natural Oil and Gas Services Ltd. is a subsidiary of the Company in liquidation. The land was given on lease for a sum of Rs.17,000/- per month. The amount is stated to have been paid from April, 2017 to October, 2017. However, for subsequent periods, the amount continued to remain due. A tenancy agreement dated 30th October, 2017 was again executed between the Applicant and Natural Oil and Gas Services Ltd. With effect from October, 2017 to 19th April, 2018, the newly agreed amount of Rs.20,000/- was paid. However, the claim of the Applicant is that the Company failed to hand over the possession of the property to the Applicant.

4. Heard. The details of various movables, including the rigs which are located on the premises, have been placed on record. The OL took the land into possession on 1st January, 2018 when the property came to be sealed. The Applicant's struggles are well documented; these include approaching the OL's office and even filing RTI Applications, to finally come to know that Natural Oil and Gas Services Ltd. is a wholly owned subsidiary of the Company in liquidation. Under such circumstances, the Applicant has approached the Court seeking impleadment in the petition and release of the land.

5. The claim of the Applicant is that the land could fetch at least a sum of Rs.75,000/- per month, but the Applicant has been unable to put the same to use in light of the possession by the OL.

6. The OL was asked to verify the status of the Applicant. The OL has now filed the report being report no. OLR 61/2023. As per the said report, the OL in respect of this Applicant, states as under:

"8. That this office also received an application being CA No.587/2022, filed by Mr. Ramesh Aggarwal, seeking possession of the premises located at B.K. Road, Opp Women's College Police Compound, Agartala. Tripura West, after removal of all equipments, materials and components/machinery lying thereat and a direction for the Official Liquidator to compensate the Applicant for loss of rent since the date of sealing the said property. This Hon'ble Court, vide order 10.03.2023 directed the Applicant to appear before this office alongwith original documents to satisfy their title over the property in question.

9. That in compliance of the said order, the Applicant in CA No.587/2022 appeared before this office on 21.03.2023. The original documents w.r.t. the said property were produced before this office and