# In the matter of Supriyo Kumar Chaudhuri, & Ors. Vs. Jhunjhunwala Oil Mills Ltd.,& Ors. Company Appeal (AT) (Ins) No. 794 of 2021 & 04 of 2022

> NCLAT judgment dated 2023-01-23. Citation: TCN-2023-NCLAT-00763. The appeals, Company Appeal (AT) (Ins) No. 794 of 2021 and Company Appeal (AT) (Ins) No. 04…

- **Court:** NCLAT
- **Order date:** 23 Jan 2023
- **Citation:** TCN-2023-NCLAT-00763
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/supriyo-kumar-chaudhuri-ors-vs-jhunjhunwala-oil-mills-ltd-ors-company-appeal-b79cd31a

## Summary

### Background

The appeals, Company Appeal (AT) (Ins) No. 794 of 2021 and Company Appeal (AT) (Ins) No. 04 of 2022, were filed under section 61 of the Insolvency and Bankruptcy Code, 2016 (IBC). These appeals challenged the order dated 6.8.2021 passed in CA (IB) No. 58/2022, which dealt with three interlocutory applications filed in CP (IB) No. 223/ALD/2019 by the Adjudicating Authority (National Company Law Tribunal, Allahabad Bench). The applications included IA No. 199/2020, C.A. No. 57/2020, and CA No. 58/2020. CA NO. 57/2020 and CA No. 58/2020 were filed by Jhunjhunwala Oil Mills Limited (JOML) seeking direction to the Resolution Professional (RP) of the corporate debtor JVL Agro Industries Pvt. Ltd. (JVL Agro) to pay rent and vacate the premises owned by JOML. IA No. 199/2020

…

## Facts

JVL Agro Industries Pvt. Ltd. ('JVL Agro') underwent a Corporate Insolvency Resolution Process (CIRP) starting July 25, 2018. Jhunjhunwala Oil Mills Limited ('JOML') owned premises at Village Tilmapur, Gazipur Road, Ashapur, Varanasi ('said premises'). JVL Agro used the 'said premises' as its registered office from February 14, 2018, based on a 'no objection' from JOML. Supriyo Kumar Chaudhuri was appointed as the Resolution Professional (RP) on September 10, 2018, and later as liquidator. JOML filed CA No. 57/2020 and CA No. 58/2020 seeking rent payment and vacation of the 'said premises'. While these applications were pending, JOML placed padlocks on the 'said premises' on July 28, 2020. The RP filed CA 199 of 2020 seeking removal of the padlocks and restoration of

…

## Issues and analysis

### Issue 1: Whether the 'said premises' of JOML being used as Registered Office of the corporate debtor JVL …

**Ratio:** Section 14(1)(d) of the IBC stipulates that during the period of moratorium, recovery of

…

**Reasoning:** The NCLAT noted that JVL Agro was in possession of the 'said premises' from 14.2.2018,

…

**Interpretation:** Section 14(1)(d) imposes a moratorium on the recovery of property in the

…

**Application:** Since JVL Agro was in possession of the 'said premises' before the CIRP, and

…

## Parties

- **Judges:** Rakesh…; Alok Sriv…
- **Appellants:** Supriyo Kumar…
- **Respondents:** JVL AGRO INDUSTRIE…; Jhunjhunwala Oil…

## Timeline

- **2018-02-14 — Registered office…**: JVL Agro shifted its registered office to…
- **2018-07-25 — CIRP Init…**: Corporate Insolvency Resolution…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 61 — Appeals and Appellate Authority](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-61)

---

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/supriyo-kumar-chaudhuri-ors-vs-jhunjhunwala-oil-mills-ltd-ors-company-appeal-b79cd31a