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NATIONAL COMPANY LAW TRIBUNAL
Shri. Kuldip Kumar Kareer, Member Judicial, Shri. Anil Raj Chellan, Member Technical
Mr. Santanu T. Ray – Appellant
Versus
Mr. Pavan Vikram Sahjwani – Respondent
| Table of Content |
|---|
| 1. application for eviction due to expired license agreement (Para 1 , 2) |
| 2. respondent claims of lien and right of possession (Para 3 , 4) |
| 3. court's analysis on jurisdiction and grounds for eviction (Para 5 , 6 , 7 , 8 , 9) |
| 4. court reiterates its jurisdiction over eviction despite civil proceedings (Para 10 , 11 , 12) |
| 5. final order directing possession to liquidator (Para 13 , 14 , 15) |
ORDER
Per: Shri. Kuldip Kumar Kareer, Judicial Member.
1. This is an application filed by the Applicant under Section 35 (1)(b) of the Insolvency and Bankruptcy Code, 2016 (‘Code’) praying for the directions to the Respondent to vacate and handover peaceful possession of asset forming part of liquidation estate of the Corporate Debtor.
2. Facts of the case are briefly stated hereunder:
i. The Hon’ble Tribunal ordered Corporate Insolvency Resolution Process (‘CIRP’) against the Corporate Debtor on a petition filed by the Operational Creditor u/s 9 of the Code vide Order dated 16th November, 2018 in the above-captioned company petition.
ii. Since the insolvency resolution process of the Corporate Debtor failed, the Committee of Creditors (‘CoC’) passed a resolution for liquidation of the Cor
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