# In the matter of Sumat Gupta Vs. Sh. RD Sharma and Anr. CA (AT) (Ins)   No. 931 of 2020

> NCLAT judgment dated 2021-04-13. Citation: TCN-2021-NCLAT-00291. The appeal was filed against the order dated 22.09.2020 passed by the Adjudicating Authority,…

- **Court:** NCLAT
- **Order date:** 13 Apr 2021
- **Citation:** TCN-2021-NCLAT-00291
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/sumat-gupta-vs-sh-rd-sharma-and-anr-ca-109860ed

## Summary

### Background

The appeal was filed against the order dated 22.09.2020 passed by the Adjudicating Authority, National Company Law Tribunal, Chandigarh Bench, Chandigarh in I. A. No. 234/2020 IN C.P.(I.B.) No. 197/Chd/Chd/2019. The Corporate Debtor, M/s Agro Dutch Industries Limited, was put into Corporate Insolvency Resolution Proceeding (CIRP) upon an application under Section 7 of the Insolvency and Bankruptcy Code, 2016 (IBC) filed by State Bank of India against the Corporate Debtor in C.P.(I.B.) No. 197/Chd/Chd/2019 vide order dated 27.11.2019. Sh. Desh Deepak was appointed as Interim Resolution Professional on 25.02.2020. One of the properties of the Corporate Debtor is situated at Vill Tohfapur, Lalru, Distt Mohali, Punjab, near Respondent No. 1, Sh. RD Sharma, Incharge, M/s

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## Facts

The Corporate Debtor, M/s Agro Dutch Industries Limited, was subjected to CIRP following an application by State Bank of India under Section 7 of the IBC. An Interim Resolution Professional was appointed. One of the Corporate Debtor's properties is located near M/s Mars Envirotech Limited, managed by Sh. RD Sharma. The plant on the property was closed and secured. It was alleged that Sh. RD Sharma broke a wall to access the Corporate Debtor's land. The appellant filed I.A. No. 234 of 2020 in CP (IB) No. 197/Chd/Chd/2019. The land was purchased by the Respondent No. 2 on 09.10.2015. The Title Deed mentions a common road with a width of 26 ft. 10 inches on the south side of the plot, but no such road exists on site. The Committee of Creditors has resolved to liquidate

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## Issues and analysis

### Issue 1: Whether the Adjudicating Authority's order dated 22.09.2020 in I. A. No. 234/2020 IN C.P.(I.B.) No. …

**Ratio:** The principle is that the Adjudicating Authority's order should be upheld if it is based

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**Reasoning:** The court reasoned that the site map filed in the Reply Affidavit shows a common road on

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**Interpretation:** This issue involves interpreting the evidence presented, including the site map

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**Application:** The court applied the principle by examining the evidence and submissions to

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## Parties

- **Judges:** Anant Bijay…; Shreesha…; +1 more
- **Appellants:** Sumat G…
- **Respondents:** M/s Agro Dutch…; Sh. RD S…

## Timeline

- **2019-11-27 — Order for…**: Order passed to initiate Corporate Insolvency Resolution Proceeding against M/s Agro…
- **2020-02-25 — Appointment…**: Sh. Desh Deepak appointed as…

## Legal provisions

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

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