Oral occupation of corporate debtor's property linked to unpaid dues, without written agreement or consideration, does not create tenancy; NCLT under Section 60(5) IBC can direct eviction during CIRP to protect assets.

ORDER

1. This Interlocutory Application IA 1697 (IBC)/MB/2025 is filed by Mr. Pankaj R. Majithia, Resolution Professional (“Applicant/RP”) in the Corporate Insolvency Resolution Process (”CIRP”) of Shree Ram Urban Infrastructure Ltd. (“Corporate Debtor”) under section 60(5) of the Code read with Section 32A of the Insolvency and Bankruptcy Code, 2016 (“IBC/Code”) and Rule 11 of NCLT Rules, 2016 seeking appropriate directions against Classic Marble Company Private Limited (“Respondent No. 1”) and directions for co-operation to Station House Officer, Worli, Mumbai (“Respondent No. 2”). The Applicant has made following prayers :

 a. Consider and allow the IA No. / 2025 in terms of Section 60(5)(c) read with sections 18, 20 and 25 of the Code and Rule 11 of NCLT Rules, 2016;

b. Pass necessary order directing Respondent No. 1 to not resort to any further illegal action and to give the handover of such immovable property (mentioned in para 6 above) peacefully forthwith to the Applicant;

c. Pass necessary orders to direct Respondent No. 2 (Station House Officer, Worli Mumbai) to provide their necessary assistance to the Applicant in acquiring peaceful possession of assets of the Corporate Debtor and to evict Respondent No. 1 and such individuals who are presently illegally /unauthorizedly occupying the said immovable property of the Corporate Debtor;

d. Issue such other orders as the Hon'ble Tribunal may deem fit.

2. The CIRP of the Corporate Debtor commenced on 6.11.2019 vide order of even date passed by this Tribunal allowing a Section 7 application filed by SREI Equipment Finance Ltd. (“SREI”). The admission order dated 06.11.2019 was challenged before the Hon’ble NCLAT, which initially held the Section 7 application is not maintainable by its order dated 07.02.2020, which was, later on, modified on 21.09.2020 holding that the application was maintainable. These orders were further challenged before the Hon’ble Supreme Court in connected civil appeals, pursuant to which interim stays were granted on proceedings before the NCLT on 27.10.2020 and 18.12.2020. The Supreme Court ultimately dismissed both sets of appeals on 09.02.2021 and 01.03.2021, thereby vacating the interim stays and allowing the CIRP to continue. Subsequently, vide interim order dated 17.12.2021 passed in Company Appeal (AT) (Ins) No.983 & 984 of 2021, the Committee of Creditors was directed not to take any further steps in the matter and the said order is still in force.

3. This Tribunal vide Order dated 22.12.2022 appointed the applicant herein as RP, who has also subsequently been replaced vide order dated 03.07.2025 by IPE M/s Truvisory Insolvency Professionals Private Limited. Prior to appointment of applicant herein as Resolution Professionals, Mr. Srigopal Chaudhary was appointed as Interim Resolution Professional, and thereafter vide Order dated 28.11.2022, Mr. Sapan Mohan Garg was appointed as RP.

4. One of the corporate debtor's properties is situated at Shree Ram Mills Premises, Ganpatrao Kadam Marg, Lower Pare), Near Worli Naka, Lower Parel, Mumbai - 400013 [Plot No. 9, C.S. No. 2/289, area admeasuring of 3046 sq. mtrs., and some part of said property is in occupation of Respondent no. 1 allegedly without any rights and without any lease and license rental agreement, accordingly is being encroached by the Respondent No. 1. The Applicant is stated to have never authorised any such party to operate or use the assets of the corporate debtor.

5. The Applican