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2023 Supreme(Online)(NCLAT) 495

NATIONAL COMPANY LAW APPELLATE TRIBUNAL
Hon'ble Justice Rakesh Kumar (Member(Judicial)) , Hon'ble Dr. Alok Srivastava (Member (Technical)) ,
ADINATH JEWELLERY EXPORTS – Appellant
Versus
MR. BRIJENDRA KUMAR MISHRA LIQUIDATOR OF SHRENUJ & CO. LTD. AND ANR. – Respondent


JUDGEMENT

(Dated: 24.4.2023) DR. ALOK SRIVASTAVA, MEMBER (TECHNICAL) 1. The present appeal has been filed under Section 61 of the Insolvency and Bankruptcy Code, 2016 (in short IBC) assailing the order dated 06.07.2022 (in short ‘Impugned Order’) passed by the Adjudicating Authority [National Company Law Tribunal, Mumbai] in I.A. No. 1635 of 2022 in C.P. (IB) No. 190(MB)/2018, by which Respondent No. 1 has been directed to put lock and seal on the Plot No. A7, MIDC, Andheri (E), Mumbai – 400093.

2. Briefly, the facts of the case as stated and argued by the Appellant are that the Appellant entered into a Leave and Licence Agreement (in short ‘Agreement’) for taking the premises located at Plot No. A-7, MIDC, Andheri (E), Mumbai – 400093 admeasuring approximately 6000 sq. ft. (built up area) at 1st and 2nd Floor for house for a period of three years commencing from 03.08.2016 to 02.08.2019 (both days inclusive). The Appellant has further stated that Corporate Insolvency Resolution Process (in short ‘CIRP’) was initiated against the Corporate Debtor Shrenuj & Co. by an order of the Adjudicating Authority on 12.03.2019 and during the subsistence of the moratorium the Re











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