# In the matter of T.S Murali & Anr. Vs. Liquidator of Helpline Hospitality Pvt. Ltd. CA(AT)(Ins) No. 262 of 2020

> NCLAT judgment dated 2020-03-13. Citation: TCN-2020-NCLAT-00302. The case involves an appeal against an order by the Adjudicating Authority. The Adjudicating…

- **Court:** NCLAT
- **Order date:** 13 Mar 2020
- **Citation:** TCN-2020-NCLAT-00302
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/ts-murali-anr-vs-liquidator-of-helpline-hospitality-pvt-ltd-ca-bde492ee

## Summary

### Background

The case involves an appeal against an order by the Adjudicating Authority. The Adjudicating Authority had attached property belonging to the Appellants and directed the Liquidator to proceed with a public auction. The Liquidator issued a notice restraining the Appellants from transferring the property and directed them to hand over possession. The Appellants filed an application for modification of the order, which the Adjudicating Authority reserved for orders, but no order has been passed yet.

## Facts

The Adjudicating Authority passed an order attaching the property of T.S.Murali & Anr. (Appellants) and directed the Liquidator of Helpline Hospitality Pvt. Ltd (Respondent) to proceed with a public auction. The property in question is Plot No. G-158, Section -41, Noida, Uttar Pradesh - 201302. In compliance, the Liquidator issued a notice restraining the Appellants from transferring the property and directed them to hand over possession within 15 days. The Appellants filed C.A No. 266 of 2020 dated 07.01.2020 for modification of the order before the Adjudicating Authority, which reserved the order. The Appellants sought a stay on handing over possession until the Adjudicating Authority passes an order on the modification application.

## Issues and analysis

### Issue 1: Whether the order of the Adjudicating Authority regarding the Liquidator taking possession of the …

**Ratio:** The appellate tribunal has the power to grant interim relief to maintain the status quo

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**Reasoning:** The tribunal reasoned that the Appellants' prayer for a stay was reasonable, considering

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**Interpretation:** This case highlights the appellate tribunal's role in ensuring fairness and

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**Application:** The tribunal applied the principle of maintaining the status quo by staying the

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## Parties

- **Judges:** Jarat Kuma…; Balvinder…; +1 more
- **Appellants:** T.S. MU…
- **Respondents:** Helpline Hospitali…; Liquidator of…
- **Advocates:** Rakesh…; Ajit D…; +5 more

## Timeline

- **2019-12-20 — Adjudicating Authority…**: The Adjudicating Authority passed an order attaching the property bearing Plot No. G-158,…
- **2019-12-24 — Liquidator's…**: The Liquidator issued a notice restraining the Appellants from transferring, alienating,…

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