The appeal challenges an order dated 05.04.2024 by the National Company Law Tribunal (NCLT), Mumbai Bench, C-IV, regarding an application (I.A No. 4632 of 2023) filed in CP (IB) No. 541/MB/2021 under Section 60(5) read with Section 25(2)(a) of the Insolvency and Bankruptcy Code, 2026. The Resolution Professional (RP) of Champalalji Finance Pvt. Ltd. (Corporate Debtor) sought a direction to handover control and custody of a property (Villa Mohindra Outhouse) from the Appellants, predecessors in interest of Late Shri Suresh Padmanabha Hegde. The NCLT allowed the application, leading to the present appeal.
Champalalji Finance Pvt. Ltd. (Corporate Debtor) entered Corporate Insolvency Resolution Process (CIRP) on 17.03.2023. Anand Sonbhadra was appointed as the RP on 26.04.2023. The RP sought to take possession of a property (Villa Mohindra Outhouse) owned by the CD, which was occupied by Sumati Suresh Hegde & Ors. (Appellants) who claimed tenancy rights. The Appellants' predecessor, Late Shri Suresh Padmanabha Hegde, was declared a tenant in a 2009 court decree. The CD, after purchasing the property, filed an eviction suit (RAE Suit No. 149 of 2011) against the Appellants, which was pending when CIRP commenced. The RP filed I.A. No. 4632 of 2023 under Section 60(5) of the IBC to evict the Appellants. The NCLT allowed the RP's application, leading to the appeal. The
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Corporate Insolvency Resolution Process (CIRP)…
Anand Sonbhadra…
The appeal challenges an order dated 05.04.2024 by the National Company Law Tribunal (NCLT), Mumbai Bench, C-IV, regarding an application (I.A No. 4632 of 2023) filed in CP (IB) No. 541/MB/2021 under Section 60(5) read with Section 25(2)(a) of the Insolvency and Bankruptcy Code, 2026. The Resolution Professional (RP) of Champalalji Finance Pvt. Ltd. (Corporate Debtor) sought a direction to handover control and custody of a property (Villa Mohindra Outhouse) from the Appellants, predecessors in interest of Late Shri Suresh Padmanabha Hegde. The NCLT allowed the application, leading to the present appeal.
Champalalji Finance Pvt. Ltd. (Corporate Debtor) entered Corporate Insolvency Resolution Process (CIRP) on 17.03.2023. Anand Sonbhadra was appointed as the RP on 26.04.2023. The RP sought to take possession of a property (Villa Mohindra Outhouse) owned by the CD, which was occupied by Sumati Suresh Hegde & Ors. (Appellants) who claimed tenancy rights. The Appellants' predecessor, Late Shri Suresh Padmanabha Hegde, was declared a tenant in a 2009 court decree. The CD, after purchasing the property, filed an eviction suit (RAE Suit No. 149 of 2011) against the Appellants, which was pending when CIRP commenced. The RP filed I.A. No. 4632 of 2023 under Section 60(5) of the IBC to evict the Appellants. The NCLT allowed the RP's application, leading to the appeal. The
…Corporate Insolvency Resolution Process (CIRP)…
Anand Sonbhadra…