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2024 Supreme(Online)(NCLAT) 164
NATIONAL COMPANY LAW APPELLATE TRIBUNAL,
PRINCIPAL BENCH, NEW DELHI
Company Appeal (AT) (Insolvency) No. 593 of 2022
& I.A. No. 3712 of 2022
[Arising out of Order dated 21.04.2022 passed by the Adjudicating Authority
(National Company Law Tribunal), Kolkata Bench in IA No.1111/KB/2021]
In the matter of:
Ram Ratan Modi
Resolution Professional of Duncans Industries Ltd.
....Appellant
Vs.
Sammelan Tea and Beverages Pvt. Ltd. & Ors.
…Respondents
For Appellant:
Mr.
Gautam
Narayan
and
Mr.
Amit
Kasera,
Advocates.
For Respondents:
Mrs. Maninder Acharya and Mr. Amitesh Banerjee,
Sr. Advocates with Ms. Madhumita Bhattacharjee,
Advocates for State of West Bengal.
Ms. Shreya Garg, Advocate.
Mr. Amar Dave, Sr. Advocate with Mr. Ashok Kumar
Jain, Advocates for UNIGLOBLE/ Applicant.
Mr. Jishnu Saha Sr. Advocate with Mr. Usha Nath
Banerjee, Mr. Avishek Guha, Mr. Soumya Dutta, Mr.
Ishaan Saha and Mr. Siddhant Upmanyu, Advocates
for R1.
Mr. Ajay Gaggar and Mr. Shreedhar Gaggar,
Advocates for SBI.
Company Appeal (AT) (Insolvency) No. 628 of 2022
[Arising out of Order dated 09.05.2022 passed by the Adjudicating Authority
(National Company Law Tribunal), Kolkata Bench in IA No.415/KB/2021]
In the matter of:
Ram Ratan Modi
Resolution Professional of Duncans Industries Ltd.
....Appellant
Vs.
Merico Agro Industries Pvt. Ltd. & Ors.
…Respondents
For Appellant:
Mr.
Gautam
Narayan
and
Mr.
Amit
Kasera,
Advocates.
For Respondents:
Mrs. Maninder Acharya and Mr. Amitesh Banerjee,
Sr. Advocates with Ms. Madhumita Bhattacharjee,
Advocates for State of West Bengal.
Ms. Shreya Garg, Advocate.
Mr. Amar Dave, Sr. Advocate with Mr. Ashok Kumar
Jain, Advocates for UNIGLOBLE/ Applicant.
Mr. Jishnu Saha Sr. Advocate with Mr. Usha Nath
Banerjee, Mr. Avishek Guha, Mr. Soumya Dutta, Mr.
Ishaan Saha and Mr. Siddhant Upmanyu, Advocates
for R1.
Company Appeal (AT) (Insolvency) No. 754 of 2022
[Arising out of Order dated 09.05.2022 passed by the Adjudicating Authority
(National Company Law Tribunal), Kolkata Bench in IA No.665/KB/2021]
In the matter of:
Ram Ratan Modi
Resolution Professional of Duncans Industries Ltd.
....Appellant
Vs.
Sammelan Tea and Beverages Pvt. Ltd. & Ors.
…Respondents
For Appellant:
Mr.
Gautam
Narayan
and
Mr.
Amit
Kasera,
Advocates.
For Respondents:
Mrs. Maninder Acharya and Mr. Amitesh Banerjee,
Sr. Advocates with Ms. Madhumita Bhattacharjee,
Advocates for State of West Bengal.
Ms. Shreya Garg, Advocate.
Mr. Amar Dave, Sr. Advocate with Mr. Ashok Kumar
Jain, Advocates for UNIGLOBLE/ Applicant.
Mr. Jishnu Saha Sr. Advocate with Mr. Usha Nath
Banerjee, Mr. Avishek Guha, Mr. Soumya Dutta, Mr.
Ishaan Saha and Mr. Siddhant Upmanyu, Advocates
for R1.
Company Appeal (AT) (Insolvency) No. 672 of 2021
[Arising out of Order dated 28.05.2021 passed by the Adjudicating Authority
(National Company Law Tribunal), Kolkata Bench in IA No.1256/KB/2020]
In the matter of:
Ram Ratan Modi Resolution Professional of Duncans
Industries Ltd.
....Appellant
Vs.
Merico Agro Industries Pvt. Ltd.
…Respondent
For Appellant:
Mr.
Gautam
Narayan
and
Mr.
Amit
Kasera,
Advocates.
For Respondent:
Mrs. Maninder Acharya and Mr. Amitesh Banerjee,
Sr. Advocates with Ms. Madhumita Bhattacharjee,
Advocates for State of West Bengal.
Ms. Shreya Garg, Advocate.
Mr. Amar Dave, Sr. Advocate with Mr. Ashok Kumar
Jain, Advocates for UNIGLOBLE/ Applicant.
Mr. Jishnu Saha Sr. Advocate with Mr. Usha Nath
Banerjee, Mr. Avishek Guha, Mr. Soumya Dutta, Mr.
Ishaan Saha and Mr. Siddhant Upmanyu, Advocates
for R1.
Company Appeal (AT) (Insolvency) No. 907 of 2022
[Arising out of Order dated 18.07.2022 passed by the Adjudicating Authority
(National Company Law Tribunal), Kolkata Bench in IA No.109/KB/2022]
In the matter of:
Ram Ratan Modi
Resolution Professional of Duncans Industries Ltd.
....Appellant
Vs.
Merico Agro Industries Pvt. Ltd. & Ors.
…Respondents
For Appellant:
Mr.
Gautam
Narayan
and
Mr.
Amit
Kasera,
Advocates.
For Respondents:
Mrs. Maninder Acharya and Mr. Amitesh Banerjee,
Sr. Advocates with Ms. Madhumita Bhattacharjee,
Advocates for State of West Bengal.
Ms. Shreya Garg, Advocate.
Mr. Amar Dave, Sr. Advocate with Mr. Ashok Kumar
Jain, Advocates for UNIGLOBLE/ Applicant.
Mr. Jishnu Saha Sr. Advocate with Mr. Usha Nath
Banerjee, Mr. Avishek Guha, Mr. Soumya Dutta, Mr.
Ishaan Saha and Mr. Siddhant Upmanyu, Advocates
for R1.
JUDGEMENT
(2 nd August, 2024) Ashok Bhushan, J. These Appeals have been filed by Ram Ratan Modi, Resolution Professional of Duncans Industries Ltd.- (Corporate Debtor) challenging various orders passed by the Adjudicating Authority (National Company Law Tribunal), Kolkata Bench in different IAs filed by the Resolution Professional in CP (IB) No.184/KB/2018. By the different IAs filed, the Resolution Professional has sought possession of various Tea Gardens claiming to be assets of the Corporate Debtor which applications by different orders passed by the Adjudicating Authority have been rejected. Aggrieved by those orders, these Appeals have been filed.
2. Company Appeal (AT) (Insolvency) No.672 of 2021 has been filed by the Resolution Professional challenging the order dated 28.05.2021 passed by the Adjudicating Authority in IA No.1256/KB/2020 by which application the Resolution Professional prayed for direction to take possession of Hantapara, Garganda, Tulsipara and Dumchipara Tea Estates which application came to be rejected by the impugned order dated 28.05.2021.
3. Company Appeal (AT) (Insolvency) No.593 of 2022 has been filed by the Resolution Professional challenging the order dated 21.04.2022 passed by the Adjudicating Authority in IA No.1111/KB/2021. The Resolution Professional by the said IA No.1111/KB/2021 prayed for various directions including the direction to evict the Respondent No.1 from Nagaisuree and Kilcott Tea Gardens (two Tea Estates) and to handover the possession of the above two tea estates. The Adjudicating Authority by the impugned order dated 21.04.2022 rejected the application.
4. Company Appeal (AT) (Insolvency) No.628 of 2022 has been filed by the Resolution Professional challenging the order dated 09.05.2022 passed by the Adjudicating Authority by which order IA No.415/KB/2021 filed by the Resolution Professional seeking a direction to handover the possession, operation and management of the Birpara Tea Garden has been rejected.
5. Company Appeal (AT) (Insolvency) No.754 of 2022 has been filed by the Resolution Professional challenging the order dated 09.05.2022 passed by the Adjudicating Authority by which order IA No.665/KB/2021 filed by the Resolution Professional for handing over the possession of the Bagracote Tea Estate has been rejected.
6. Company Appeal (AT) (Insolvency) No.907 of 2022 has been filed by the Resolution Professional challenging the order dated 18.07.2022 passed by the Adjudicating Authority by which order IA No.109/KB/2022 filed by the Resolution Professional for taking possession of Rungli Rungliot Tea Garden has been rejected.
7. All the orders which are impugned in these Appeals arises out of the same CIRP initiated against the Corporate Debtor in CP (IB) No.184/KB/2018, hence Appeals have been heard together.
8. Before we notice respective submissions of the Counsel for the parties, we need to notice the background facts and sequence of the events which are relevant for consideration of the issues which have arisen in these Appeals.
9. The West Bengal Estates Acquisition Act, 1953 provided for the State acquisition of estates, of rights of intermediaries therein and of certain Rights of raiyats and under raiyats [and of the rights of certain persons in lands comprised in estates.]. The estates acquired under the Act also included the land comprised in a Tea Garden, by virtue of Section 6(3) in the case of land comprised in a tea-garden, the lessee shall be entitled to retain only so much of such land as, in the opinion of the State Government, is required for the tea-garden, as the case may be. The State Government provided lease hold rights under the West Bengal Estates Acquisition Rules, 1954 as amended from time to time. In the present Appeals, Nine Tea Gardens which includes Bagracote in IV Division are under consideration. The State executed leases in favour of several
