# In the matter of Eastern Estates vs. Amit Pareek RP of National Plywood Industries Ltd.

> NCLAT judgment dated 2025-11-19. Citation: TCN-2025-NCLAT-00602. The appeal was filed against an order dated 08.11.2024 passed by Ld. NCLT, Guwahati Bench,…

- **Court:** NCLAT
- **Order date:** 19 Nov 2025
- **Citation:** TCN-2025-NCLAT-00602
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/eastern-estates-vs-amit-pareek-rp-of-national-plywood-industries-ltd-be118e42

## Summary

### Background

The appeal was filed against an order dated 08.11.2024 passed by Ld. NCLT, Guwahati Bench, which rejected I.A. No. 152/GB/2024. The NCLT relied on a judgment by NCLAT in the matter of M/s Navbharat Castings LLP Vs. Moserbear India.

## Facts

Eastern Estates claims to have leasehold rights for 99 years on Premises No. 5 and 6, Fancy Lane Kolkata 700001, based on a lease agreement dated 24.11.1967.

Eastern Estates sublet the premises to Mr. Hiralal Sobhagmull, who further licensed the office space to the Corporate Debtor.

The Corporate Debtor allegedly stopped paying the license fee and electricity dues to Eastern Estates in November 2018.

Eastern Estates filed a claim for unpaid rental and electricity dues of Rs. 6,68,279/- as an Operational Creditor.

The Resolution Professional quoted Clause 12(a) of the Resolution Plan, which addresses access to the assets where the company conducts its business.

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## Issues and analysis

### Issue 1: Whether the rights of the Corporate Debtor in the subject property can be passed over to the …

**Ratio:** The Successful Resolution Applicant steps

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**Reasoning:** The counsel for the Resolution Professional submitted that whatever rights are available

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**Interpretation:** The rights of the Corporate Debtor, whatever they may be, are the only rights

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**Application:** The appellant is at liberty to proceed as per law, once the Resolution Plan is

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## Parties

- **Judges:** Yogesh K…; Ajai Das Me…
- **Appellants:** Eastern E…
- **Respondents:** National Plywood…; Amit Pareek, (RP)…
- **Other parties:** Amit Pa…
- **Advocates:** Azeem Tari…; Raw Ratan…; +7 more

## Timeline

- **2024-11-08 — Order Da…**: Order passed by Ld. NCLT, Guwahati Bench in I.A. No. (IBC) 152/GB/2024 in CP…
- **2025-11-19 — Appeal Fili…**: This Appeal is filed against…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 14(1) — Moratorium](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-14)

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