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2025 Supreme(Online)(NCLT) 8281

NATIONAL COMPANY LAW TRIBUNAL
SH. KHETRABASI BISWAL, MEMBER (JUDICIAL), SH. SHISHIR AGARWAL, MEMBER (TECHNICAL)
M/s Area Importers and Exporters Private Limited – Appellant
Versus
M/s Gupta Builders and Promoters Private Limited – Respondent


Advocates:
For the Applicant: Mr. Aalok Jagga, Mr APS Madan, Mr. Sahil Lohan, Ms. Vibhu Agarwal
For the Respondent: Mr. Abhishek Anand, Mr Karan Kohli

Table of Content
1. application filed for exclusion of land from cirp. (Para 1 , 2 , 3)
2. respondent argues the application lacks maintainability and jurisdiction. (Para 4 , 5 , 6 , 7 , 8 , 9)
3. issues raised are traditional civil matters not under nclt authority. (Para 10 , 11 , 12)
4. court emphasizes jurisdiction limits and dismisses the application. (Para 13 , 14 , 15)

ORDER

This Interlocutory Application has been filed by the Applicant under Section 60 (5) of the Insolvency and Bankruptcy Code, 2016 (“the Code”) seeking exclusion of certain parcels of land from the Corporate Insolvency Resolution Process (“CIRP”) of the Corporate Debtor.

SUBMISSIONS OF THE APPLICANT

2. Applicant has submitted as under:

(i) Applicant submits that it is the absolute owner of the land measuring 19 Bighas 08 Biswas 19 Biswasi situated at Village Singhpura, Zirakpur, having purchased the same through multiple registered sale deeds executed in 2017. All revenue entries, including Jamabandi and mutation records, have consistently reflected that the Applicant is the owner, and at no point prior to the alleged transaction of 2020 was its title to the land ever questioned. It is the Applicant’s grievance that

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