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NATIONAL COMPANY LAW TRIBUNAL
Khetrabasi Biswal, Judicial Member, Shishir Agarwal, Technical Member
Pramod Kumar Misra – Appellant
Versus
Duke Fashions (India) Ltd. – Respondent
| Table of Content |
|---|
| 1. procedural standing and factual background of liquidation estate. (Para 1 , 2 , 3 , 4 , 5) |
| 2. arguments on nclt jurisdiction vs. rent controller authority. (Para 6 , 7) |
| 3. maintainability of applications post-liquidation order commencement. (Para 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 4. nclt's exclusive jurisdiction over liquidation estate assets under ibc. (Para 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30) |
| 5. directives for vacant possession and bifurcation of claims. (Para 31 , 32 , 33) |
COMMON ORDER
The two Interlocutory Applications before this Tribunal, IA No. 1975 of 2023 and IA No. 1991 of 2023, were initially filed by Sh. Navneet Gupta, the then Resolution Professional (hereinafter referred to as the 'RP') of M/s Venus Garments (India) Limited (hereinafter referred to as the 'Corporate Debtor' / 'CD') under Section 60(5) read with Sections 18 and 25 of the Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as the 'IBC' / 'Code'). Since, common issues arise from the same liquidation proceedings initiated in the Petition bearing CP(IB) No. 66 of 2019.
2. IA No. 1975 of 2023 has been filed against the Respondents, M/s Duke Fa
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