# In the matter of Ramesh Singh Rawat vs. SPG Global Distribution Pvt. Ltd.

> NCLAT judgment dated 2024-02-27. Citation: TCN-2024-NCLAT-00614. This appeal challenges an order dated 02.06.2023 passed by the Adjudicating Authority…

- **Court:** NCLAT
- **Order date:** 27 Feb 2024
- **Citation:** TCN-2024-NCLAT-00614
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/ramesh-singh-rawat-vs-spg-global-distribution-pvt-ltd-cb473072

## Summary

### Background

This appeal challenges an order dated 02.06.2023 passed by the Adjudicating Authority (National Company Law Tribunal, Chandigarh Bench). The order pertains to I.A. No. 937 of 2020 filed in C.P. (IB) No. 254/Chd/Hry/2019 by the Resolution Professional (RP) of SPG Global Distribution Pvt. Ltd. (Corporate Debtor). The RP sought eviction of the Appellant, Ramesh Singh Rawat, from a property, based on the claim that the Corporate Debtor owns the property. The RP's application was filed under Section 60(5) of the Insolvency and Bankruptcy Code, 2016, read with Rule 11 of the NCLT Rules, 2016. The Adjudicating Authority allowed the application, directing the Appellant to hand over possession to the RP (now Liquidator) within 15 days, with assistance from local authorities if

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## Facts

The Corporate Insolvency Resolution Process (CIRP) against SPG Global Distribution Pvt. Ltd. (Corporate Debtor) was initiated on 06.12.2019. The Resolution Professional (RP) filed an application (I.A. No. 937 of 2020) seeking the eviction of Ramesh Singh Rawat (Appellant) from a property, claiming it belonged to the Corporate Debtor. The property consists of the entire first floor and a third-floor room at a commercial shop plot in Faridabad. The RP discovered an agreement to sell dated 31.03.2018 between the Corporate Debtor and the Appellant for the first floor of the property, with a total sale consideration of Rs. 75,00,000/-. The Appellant claimed to have paid Rs. 30,40,000/- as part payment and was put in possession of the property on 29.05.2018. The Appellant

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## Issues and analysis

### Issue 1: Whether the Adjudicating Authority had the jurisdiction to decide the application for eviction of …

**Ratio:** Section 60(5) of the Code provides the Adjudicating Authority with the power to entertain

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**Reasoning:** The court reasoned that the issue regarding the title of the property of the Corporate

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**Interpretation:** The court interpreted Section 60(5)(c) of the Code to mean that the NCLT has

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**Application:** The court applied the principle to the present case, finding that the dispute

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## Parties

- **Judges:** Rakesh Kuma…; Ajai Das Me…
- **Appellants:** Ramesh Sing…
- **Respondents:** SPG Global…

## Timeline

- **2018-03-31 — Agreement t…**: Agreement to sell executed between the Corporate Debtor and the Appellant for the…
- **2018-05-29 — Possession of…**: Appellant claims to have been put…

## 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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