O R D E R

1. The present application has been filed by the NCLT-appointed Chartered Accountant who was assigned such duty vide order dated 13.01.2023 pursuant to the directions of the Hon’ble Supreme Court of India dated 02.01.2023, for verification and approval of necessary and essential operational expenses of the Jatayupara Tourism Project (JTP) in the Company Petition filed under Section 241-242 of the Companies Act, 2013.

2. Vide order dated 13.01.2023, the Applicant has also been permitted to approach this Tribunal for appropriate directions to ensure the smooth functioning of the project.

3. This application has been filed by the Applicant seeking the following relief:

 This Tribunal shall decide the interim arrangement and direct R3 to comply with the said interim arrangements, including the offer made by the applicant in discussion with NCLT appointed Administrator in full compliance with the order dated 02.01.2023 of the Hon'ble Supreme Court of India.

4. SUBMISSIONS OF APPLICANT

i. Jatayupara Tourism Project is a Build-Operate-Transfer project of the Government of Kerala comprising multiple entities, including Jatayupara Tourism Private Limited (JTPL), Guruchandrika Builders & Property Private Limited (GBPL) and others.

ii. Respondent No.1 (GBPL) is a constituent entity of JTP, and Respondent No.2 is its director. Respondent No.3 is the landowner of the entrance and parking area, which is the only access to the project.

iii. A bipartite agreement between JTPL and GBPL was terminated in 2020; however, the arbitral award dated 19.08.2024 has set aside such termination, and there is no stay as on the date qua such award.

iv. Respondent No.3 has entered into agreements with Respondent No.1 for the use of his land for access and parking facilities of JTP. The said land is indispensable for the functioning of the project.

v. Disputes have arisen regarding payment of rent/dues, with Respondent No.3 claiming approximately ₹7.30 crores and issuing notices threatening to restrict access to the land.

vi. Respondent No.1 has disputed the said claim, contending that the same is subject to adjudication before competent courts and is not an essential payment.

vii. The Applicant, in consultation with the NCLT-appointed Administrator, examined the issue and sought clarifications from both parties; however, no resolution has been achieved.

viii. To prevent disruption of operations, the Applicant proposed an interim arrangement of ₹1 crore towards past dues and ₹1.5 lakhs per month as compensation, subject to approval of this Tribunal and undertaking by Respondent No.3.

ix. Respondent No.3 has rejected the proposal and continues to threaten closure of access, which would result in stoppage of the project and violation of the directions of the Hon’ble Supreme Court and this Tribunal.

x. The Applicant submits that uninterrupted access through the land of Respondent No.3 is essential for the continued operation of JTP, failing which the project would be put to disuse.

5. SUBMISSIONS OF RESPONDENT NOS. 1 & 2

i. The 3rd Respondent is the title holder of land measuring 2 Acres 98.580 cents in Re-Survey Nos. 129/12 and 129/13 of Chadayamangalam Village, Kottarakkara Taluk, along with a multi storied structure.

ii. The 3rd Respondent has instituted a suit as OS No. 8 of 2020 before the Subordinate Judge, Kottarakkara, seeking recovery of possession of the schedule property and realisation of ₹7.67 lakhs per month towards damages for use and occupation. The said suit has been subsequently transferred to the Subordinate Judge, Punalur and renumbered as OS No. 34 of 2022.

iii. It is submitted that Respondent No.1 has already filed a detailed Written Statement in the said suit. The Plaint and Written Statement have been produced as Annexures R1 and R2, respectively.

iv. In view of the pendency of the aforesaid suit and to avoid prejudice to the parties, Respondent Nos. 1 and 2 refrain from making further submissions in the present proceedings, a