# In the matter of Mrs. Tajinder Kaur & Anr.
Vs.
Five Core Electronics Ltd. Company Appeal (AT) (Insolvency) No. 763 of 2022
Through Resolution Professional & Anr.

> NCLAT judgment dated 2022-07-15. Citation: TCN-2022-NCLAT-00359. The appeal was filed against an order dated 18.04.2022, where I.A. No. 1150 of 2021, filed by…

- **Court:** NCLAT
- **Order date:** 15 Jul 2022
- **Citation:** TCN-2022-NCLAT-00359
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/mrs-tajinder-kaur-anr-vs-five-core-electronics-ltd-company-appeal-at-insolvency-918c671a

## Summary

### Background

The appeal was filed against an order dated 18.04.2022, where I.A. No. 1150 of 2021, filed by the Appellant, was dismissed by the Adjudicating Authority (National Company Law Tribunal), New Delhi, Bench-II. The Appellant/Applicant in I.A. No. 1150 of 2020 sought the handing over of peaceful and vacant possession of a property and payment of rent for its occupation.

## Facts

Mrs. Tajinder Kaur & Anr. filed an appeal against the order dated 18.04.2022, passed by the Adjudicating Authority (NCLT), New Delhi, Bench-II, which dismissed I.A. No. 1150 of 2021. The Appellant sought the handing over of peaceful and vacant possession of property Khasra No. 26/5, Mahinder Singh Park, Village Nangli Sakrawati, Najafgarh, New Delhi, and payment of rent @ Rs. 1,00,000/- per month. The Resolution Professional argued that the Appellant failed to prove title to the property and that there was no agreement between the Corporate Debtor and the Appellant. The Adjudicating Authority also observed the lack of agreement between the Corporate Debtor and the applicant.

## Issues and analysis

### Issue 1: Whether the Adjudicating Authority erred in dismissing the Appellant's application for possession …

**Ratio:** The Adjudicating Authority cannot exercise its powers under Rule 11 of the NCLT Rules,

…

**Reasoning:** The court reasoned that the Adjudicating Authority correctly observed the absence of an

…

**Interpretation:** This highlights the importance of a clear agreement between parties, especially

…

**Application:** Since there was no agreement between the Corporate Debtor and the Appellant,

…

## Parties

- **Judges:** Ashok Bh…; M. Satyanarayana…; +1 more
- **Appellants:** Tajinder…
- **Respondents:** Five Core…

## Timeline

- **2022-04-18 — Order by Adjudicating…**: The Adjudicating Authority (NCLT), New Delhi, Bench-II, dismissed I.A. No. 1150 of 2021…
- **2022-07-15 — NCLAT Hearing…**: The NCLAT heard the appeal and dismissed it, upholding the Adjudicating Authority's…

---

This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/nclat-new-delhi/mrs-tajinder-kaur-anr-vs-five-core-electronics-ltd-company-appeal-at-insolvency-918c671a