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NATIONAL COMPANY LAW TRIBUNAL
Nilesh Sharma, Judicial Member, Charanjeet Singh Gulati, Technical Member
Usha – Appellant
Versus
Rakesh Kumar Tulsyan – Respondent
| Table of Content |
|---|
| 1. sale of property under sarfaesi requires a sale certificate for completion. (Para 1 , 18 , 19 , 35 , 36 , 37 , 38) |
| 2. auction proceedings amidst stay orders and subsequent cirp. (Para 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 26 , 27 , 34) |
| 3. moratorium under section 14 prohibits enforcement of security interests after cirp commencement. (Para 20 , 21 , 22 , 23 , 24 , 30 , 31 , 33 , 39 , 40 , 41 , 42 , 43 , 44) |
ORDER
1. The present IA dated 19.08.2025 has been filed by Ms. Usha (‘the Applicant’), under Section 60(5) of the of the Insolvency and Bankruptcy Code, 2016 (‘IBC/the Code’) with the following prayers:
a) Declare that the right, title and interest of the property being, industrial land in its name located at Khasra No. 652/1 admeasuring about 13 Bigha 7 Biswa, 10 Biswanshi and Khasra No. 652 (min) admeasuring about 8 Bigha situated at Village Khejaria, tehsil Bilsara, District Jodhpur has passed from the Corporate Debtor to the Applicant prior to commencement of the Corporate Insolvency Resolution Process and the Corporate Debtor;
b) Direct the Respondent No. 1 to exclude the property being, industrial land in its name located at Kha
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