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THE NATIONAL COMPANY LAW TRIBUNAL

CHANDIGARH BENCH, CHANDIGARH

(Exercising powers of Adjudicating Authority under

the Insolvency and Bankruptcy Code, 2016)

(through web-based video conferencing platform)

IA No.152/2021

in

CP (IB) No.136/Chd/Pb/2017

(admitted)

In the matter of:

UCO Bank .…Petitioner-Financial Creditor

Versus

Oswal Spinning and Weaving Mills Ltd. .…Respondent-Corporate Debtor

And in the matter of:-

IA No.152/2021

Under Section 60(5) of the IBC, 2016

Hemanshu Jetley (Liquidator) of

Oswal Spinning and Weaving Mills Ltd.

…Applicant

Vs.

1. Mr. Palwinder Singh Dhillon, Naib Tehsildar,

Sub-Tehsil Sahnewal,

Kohara Road, Sahnewal

Ludhiana 141120

2. Mr. Mohit Singla, Patwari

Khakat Patwar Khana

Govt. High School, Village Pawa Khakat

Jugiana, Ludhiana 141120

…Respondents

Order delivered on: 07.07.2022

Coram: HON’BLE MR. HARNAM SINGH THAKUR, MEMBER (JUDICIAL)

HON’BLE MR. SUBRATA KUMAR DASH, MEMBER (TECHNICAL)

Present through video-conferencing:

For the Applicant/Liquidator : Mr. G.S. Sarin, Practising Company Secretary

For the Respondent No.1 & 2 : Set ex-parte by order dated 12.01.2022

IA No.152/2021

in

CP (IB) No.136/Chd/Pb/2017

(admitted)

Page 2 of 6

Per: Subrata Kumar Dash, Member (Technical)

ORDER

IA No.152/2021

This is an application filed under Section 60(5) of the IBC, 2016. In

the present application, Hemanshu Jetley (Liquidator) of Oswal Spinning and

Weaving Mills Ltd. is the applicant, and Mr. Palwinder Singh Dhillon, Naib

Tehsildar (Respondent No.1) and

Mr. Mohit Singla, Patwari (Respondent

No.2), are the respondents.

2.

In the present application, the applicant prays to issue necessary

directions to Respondent No.1 and Respondent No.2 for updation of the

revenue records and for carrying out the demarcation of the subject property

of the corporate debtor located at Village Jugiana, Ludhiana.

3.

The brief facts as outlined in the application are that

the

liquidation

proceedings

were initiated against the corporate debtor on

13.12.2019.

The corporate debtor owns a property-land at village Jugiana

which was mortgaged with Kotak Mahindra Bank. The mortgagee bank (Kotak

Mahindra Bank) has issued a letter dated 19.03.2012 wherein the bank has

agreed to vacate the lien on 67222.11 sq.yards and has retained the lien on

18384.89 sq. yards. According to the lien, the area of the subject land must be

18384.89 sq. yards. However, as per the valuation reports of the valuer, the

total area of the subject land was found to be 3300 sq. yards and was unable

to locate the exact Khasra number of the land. The valuation was conducted

by another valuer wherein the land was found to be approximately 2700 sq.44

IA No.152/2021

in

CP (IB) No.136/Chd/Pb/2017

(admitted)

Page 3 of 6

metres.

Thereafter,

Liquidator

has

been

appointed

Mr.

Ajay

Bhagwati,Advocate to undertake the title search in order to ascertain the exact

size of subject land. As per the report dated 16.01.2021 (Annexure-8 of the

application), the exact land holdings cannot be ascertained as no revenue

map of the village was available. Afterwards, the Liquidator has sent a letter

dated 02.07.2020 and 23.09.2020 to respondent No.1 along with copy to

respondent No.2 to carry out a demarcation of the land of the corporate debtor

but no response was received by the applicant. Copy of postal receipts of

letters along with tracking report sent to respondent No.1 and 2 are attached

as Annexure-6 and 7 of the application. It is also stated that demarcation of

the land is important so as to ascertain the exact holdings of the corporate

debtor, the Liquidator is unable to sell and release the subject land due to

uncertainty as to the size of landholding.

4.

Notices were issued to the respondent No.1 and 2 by order dated

23.04.2021 and the applicant has filed an affidavit of service by Diary

No.00395/01 dated 07.04.2021 and Diary No.00395/02 dated 14.12.2021. It

has been shown in the affidavit of ser