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2025 Supreme(Online)(NCLT) 5210

NATIONAL COMPANY LAW TRIBUNAL
Shri Prabhat Kumar, Hon’ble Member (Technical), Shri Sushil Mahadeorao Kochey, Hon’ble Member (Judicial)
MR. RAJESH SURESHCHANDRA SHETH RESOLUTION PROFESSIONAL OF PANCARD CLUBS LIMITED – Appellant
Versus
GIR VANVASO RESORT – Respondent


Advocates:
For the Applicant: Mr. Shyam Kapadia
For the Respondent: Mr. Piyush Raheja

Table of Content
1. application filed for directions regarding property usage and possession. (Para 1 , 2 , 3)
2. claim of investment under disputed mou. (Para 4 , 5 , 8)
3. corporate debtor ownership acknowledged despite respondent's claims. (Para 6 , 7 , 11)
4. mou not validated or registered, affecting possession rights. (Para 12 , 13 , 14 , 15)
5. possession vacated as property owned by corporate debtor; rent determination initiated. (Para 16 , 17 , 18 , 19 , 20)

ORDER

1. This Application IA 3973/2023 was filed on 27th August 2023 by Rajesh Sureshchandra Sheth Resolution Professional (“Applicant”) in the Corporate Insolvency Resolution Process (“CIRP”) of Pancard Clubs Limited (“Corporate Debtor”) against Gir Vanvaso Resort (“Respondent”) under Section 60 (5) of The Insolvency and Bankruptcy Code , 2016, seeking appropriate directions for (i) payment against the usage of the Property being Non-Agricultural Commercial Land lying and being situated at Village Sangodra, Tehsil Talala, district Junagadh, State Gujarat, bearing Khata No. 319, Survey No./Hissa No.3/ Part 2 admeasuring about 0-97-13 H.R.P and Survey No./Hissa No.3/ Part 3/Part 2 admeasuring about 0-30-87 H.R.P, totally adme

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