# In the matter of Bripranil Industries Limited I.A.(IB)55-KB-2022 In C.P (IB) No.198-KB-2018

> Read the full IBC case summary for In the matter of Bripranil Industries Limited I.A.(IB)55-KB-2022 In C.P (IB) No.198-KB-2018. NCLT judgment dated…

- **Court:** NCLT
- **Order date:** 20 Apr 2022
- **Citation:** TCN-2022-NCLT-04953
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/bripranil-industries-limited-iaib55-kb-2022-in-cp-ib-no198-kb-2018-d224883c

## Summary

### Background

The Liquidator filed an application seeking directions for police assistance to enter the corporate debtor's factory premises to dismantle and remove plant and machinery, which was obstructed by landlords.

## Facts

An application was filed by the Liquidator under section 60(5) of the Insolvency and Bankruptcy Code, 2016, read with Section 34 of the same Code. The application sought directions for police help and protection to enable Respondent No.15 to enter the corporate debtor's factory premises in Bengaluru. The purpose was to dismantle and remove plant and machinery located at various survey numbers in Srigandadakavalu, Yeswanthpur, Hobli, Bangalore North Taluk, and Bruhath Mahanagara Palike Administrative surrounding, Bangalore-560091.

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## Issues and analysis

### Issue 1: Whether the Liquidator is entitled to police assistance and protection to facilitate the…

**Ratio:** The Liquidator, as an officer of the court, has a duty to take possession, preserve, and…

**Reasoning:** The court found that the landlords were continuously obstructing the Liquidator and the…

**Interpretation:** The court interpreted Section 60(5) and Section 34 of the IBC to empower it to…

**Application:** Given the landlords' non-cooperation and the buyer's apprehension, the court…

## Parties

- **Judges:** Rohit K…; Harish Chander…
- **Advocates:** Rishav Ba…; Aishwarya Kumar…; +7 more

## Timeline

- **December 18, 2018 — CIRP Commen…**: Corporate Insolvency Resolution Process (CIRP)…
- **January 11, 2021 — Liquidator App…**: The applicant was appointed as…

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