# ARC Research and Development Centre Limited & Anr. vs. Liquidator of Adya Oils and Chemicals Ltd. & Ors.

> NCLAT judgment dated 2026-07-29. Citation: TCN-2026-NCLAT-00241. The Liquidator of Adya Oils and Chemicals Ltd. (Corporate Debtor) filed an application before…

- **Court:** NCLAT
- **Order date:** 29 Jul 2026
- **Citation:** TCN-2026-NCLAT-00241
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/arc-research-and-development-centre-limited-anr-vs-liquidator-of-adya-oils-and-c-hw5in

## Summary

### Background

The Liquidator of Adya Oils and Chemicals Ltd. (Corporate Debtor) filed an application before the NCLT Mumbai seeking a declaration of an easementary right of way over land owned by ARC Research and Development Centre Limited and ARC Fintube Technologies Pvt. Ltd. (Appellants) to access the CD's property. This dispute arose after the Appellants constructed a wall blocking access during the CD's CIRP/liquidation, which the Liquidator alleged was a mala fide attempt to devalue the CD's assets. The NCLT allowed the application, declaring an easement by prescription under Section 15 of the Indian Easements Act, 1882, and directing the removal of obstructions. The Appellants challenged this order before the NCLAT.

## Facts

Adya Oils and Chemicals Ltd. (Corporate Debtor) owns non-agricultural land in New Block No. 83 (Old Block No. 87) at Manglej village, Vadodara, for manufacturing castor oil.

ARC Research and Development Centre Limited (Appellant No.1) owns adjacent lands, Block Nos. 90 and 92 (Old Block Nos. 94 and 96), purchased in July 2007 from Jord Engineers India Limited.

A Non-Agricultural Order dated 04.11.1999 by Taluka Panchayat Kacheri provided access to the CD's land from NH 8 through Old Block Nos. 94 and 96.

The Corporate Debtor had been enjoying an uninterrupted right of way through these blocks for over twenty years, acquiring an easement by prescription.

CIRP against the Corporate Debtor commenced on 16.09.2019, and liquidation on 04.03.2020.

…

## Issues and analysis

### Issue 1: Whether the application under Section 60(5)(c) of the Code was maintainable before the Adjudicating …

**Ratio:** The NCLT has jurisdiction under Section 60(5)(c) of the IBC to adjudicate disputes

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**Reasoning:** The majority reasoned that the IBC framework aims for a single forum to efficiently

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**Interpretation:** Section 60(5)(c) of the IBC is interpreted expansively by the majority to grant

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**Application:** The majority applied this interpretation, concluding that the obstruction of

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## Parties

- **Judges:** N. Seshasayee,…; Arun Baroka…; +1 more
- **Appellants:** ARC Research and…; ARC Fintube…
- **Respondents:** Adya Oils &…; Adya Oils and…; +5 more
- **Other parties:** Directors of ARC…; Directors of ARC…; +3 more
- **Advocates:** Purti G…; Henna G…; +4 more

## Timeline

- **1999-11-04 — Non-Agricultural Order…**: Taluka Panchayat Kacheri issued a Non-Agricultural Order (NA Order) providing access to…
- **2007-07 — Appellant's Land…**: Appellant No.1 (ARC Research and Development Centre Limited) purchased adjacent lands,…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 60(5) — Adjudicating Authority for corporate persons](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-60)

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