The NCLT lacks jurisdiction to determine ownership and mesne profits in ongoing insolvency proceedings, affirming that only legally adjudicated claims can be admitted under the IBC framework.

O R D E R

Per: Rekha Kantilal Shah, Member (Technical)

1. This Interlocutory Application has been filed by Calcutta Pinjrapole Society under Section 60 (5) read with (2) of the Insolvency and Bankruptcy Code, 2016 (“IBC”) and read with Rule 11 of the National Company Law Tribunal Rules, 2016 (“NCLT Rules”) inter alia seeking following reliefs:

a) To direct the Resolution Professional to set aside the property measuring in area 14 Bighas and 1 cottah more or less situated at 30, Goshala Road in Mauza Lillooah Thana Bally in the district of Howrah out of the resolution assets as the said property is completely owned and controlled by the Applicant i.e. Calcutta Pinjrapole Society, a society registered under the Societies Registration Act, 1860 registered on 25th March, 1889;

b) To direct the Resolution Professional to pay a sum amounting to Rs 68,72,94,678/- (Rupees Sixty-Eight Crores Seventy-Two Lakhs Ninety-Four Thousand and Six Hundred Seventy-Eight only) towards the arrears of rent and mesne profit liable to be paid by the Corporate Debtor;

c) Such further order or orders and/or direction or directions as this Hon’ble Tribunal may deem fit and proper in the given facts and circumstances.

2. Background of the Case

2.1 The Original Company Petition under Section 10 of the Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as the “IBC”) read with Rule 7(1) of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016 (hereinafter referred to as the “IBC Rules”) was filed by RSI Private Limited (hereinafter referred to as the “Corporate Debtor”) vide before the National Company Law Tribunal, Kolkata Bench (hereinafter referred to as “Tribunal”) in which this Tribunal pass an order dated 24.04.2024, Annexure- A for initiation of Corporate Insolvency Resolution Process (hereinafter referred to as the “CIRP”) of the Corporate Debtor and appointed Mr. Pratap Mukherjee as the Interim Resolution Professional (hereinafter referred to as “IRP”). Subsequently on 24.05.2024 the IRP was appointed as Resolution Professional (hereinafter referred to as “RP”) by the Committee of Creditors (hereinafter referred to as “CoC”).

2.2 The instant application is filled by Calcutta Pinjrapole Society, registered under Society Legacy Registration No.00571 having its registered office at 34, Armenian Street, Kolkata-700001, West Bengal.

2.3 The Applicant came to know that CIRP has been initiated against the Corporate Debtor and vide letter dated 09.09.2024, Annexure- H submitted the claim to the RP. The RP vide letter dated 19.09.2024, Annexure- I directed the Applicant to submit the claim in appropriate form as prescribed under the Code. The applicant vide letter dated 04.10.2024, Annexure- J submitted the claim in Form-B. Thereafter vide letter dated 22.10.2024, Annexure- K the RP rejected the claim of Rs 68,72,94,678/- (Rupees Sixty-Eight Crores Seventy-Two Lakhs Ninety-Four Thousand and Six Hundred Seventy-Eight only) on the ground that the claim is completely unilateral and without any reference to the facts and records.

2.4 The claim of the Applicant emanates from its status as the lessor of the immovable property admeasuring about 14 Bighas and 1 Cottah, more or less, situated at 30, Goshala Road, Mouza–Lillooah, P.S. Bally, District– Howrah. It is stated that with effect from 01.01.1958, Annexure- C the Applicant had leased the said property to the Corporate Debtor for a period of 21 years at a monthly rental of Rs 675/-.

3. Submission of behalf of the Applicant

3.1 Ld. Coun