K. Sivalingam Resolution Professional of NCS Sugars Limited vs District Collector Nishant Kumar, IAS

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Online)(NCLT) 1428

NATIONAL COMPANY LAW TRIBUNAL
DR. VENKATA RAMAKRISHNA BADARINATH NANDULA, SH. CHARAN SINGH, JJ
K. Sivalingam Resolution Professional of NCS Sugars Limited – Appellant
Versus
District Collector Nishant Kumar, IAS – Respondent

Shri Y. Suryanarayana, Advocate, Shri Yohaan Lunathwala, Advocate, J. Sagar Associates
Shri O.Manohar Reddy, Senior Advocate, Shri O.P. Subash, Shri K. Dilip Naik, Advocates
Shri D.V. Seetharam Murthy, Senior Advocate, Shri Bendi Ravi Teja, Advocate
Shri M. Sunil Kumar, Advocate

ORDER

1. This Interlocutory Application is filed by the Resolution Professional of the Corporate Debtor/ NCS Sugars Limited praying for the following reliefs:

(a) Annul the sale of the immovable property belonging to the Corporate Debtor illegally permitted by respondent nos.1 – 3 in favour of respondent nos.4 and 6;

(b) Declare the sale certificate dated December 3, 2022 with respect to the Immovable Property of the Corporate Debtor issued by respondent no.1, in favour of respondent nos.4 and 6 as illegal and/ or invalid and/ or improper.

(c) Declare the sale deed having Reg. No.8512 of 2022, executed by and between the respondent no.1, 4 and 6 with respect to the Immovable Property of the Corporate Debtor, as illegal and/ or invalid and/ or improper;

(d) Declare the proclamation of sale dated December 4, 2022 published by respondent nos.1 – 3 as illegal and/ or invalid and/ or improper;

(e) Order and grant a permanent injunction restraining respondent nos.4 and 6 from acting upon and/or giving effect to, directly or indirectly, in any manner whatsoever, the sale certificate dated December 3, 2022 illegally issued in favour of respondent nos.4 and 6 by respondent nos.1-3.

2. This Tribuna