# In the matter of G B Engineering Enterprises Pvt. Ltd. MA-505-2019 in CP-64-IB-2018

> NCLT judgment dated 2019-05-27. Citation: TCN-2019-NCLT-03177. The case involves an application (MA/505/2019) within a corporate insolvency resolution process…

- **Court:** NCLT
- **Order date:** 27 May 2019
- **Citation:** TCN-2019-NCLT-03177
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/g-b-engineering-enterprises-pvt-ltd-ma-505-2019-in-cp-64-ib-2018-c5c8b4f0

## Summary

### Background

The case involves an application (MA/505/2019) within a corporate insolvency resolution process (CP/64/IB/2018). The applicant, who purchased machinery via e-auction conducted by the liquidator, is being prevented by employees from accessing the machinery for removal. The employees' union has filed a memo stating they will not create hurdles but requests that money not be disbursed until their application is decided.

## Facts

C S Satyadevi Alamuri (the Applicant) purchased machinery through an e-auction conducted by the Liquidator. Thuvakudi GB Engineering Labour Union (the Employees Union) is preventing the Applicant from accessing the machinery for removal. The Employees Union filed a memo requesting that funds not be disbursed until their application is decided. The Liquidator supports the Applicant's submissions. The Applicant's right to access the machinery is hindered by the actions of the Employees Union, who are concerned about the disbursement of funds.

## Issues and analysis

### Issue 1: Whether the Applicant should be granted access …

**Ratio:** The principle is that a purchaser in an e-auction has a right to possess and remove the

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**Reasoning:** The court implicitly acknowledges the Applicant's right as a purchaser in an e-auction.

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**Interpretation:** This issue involves interpreting the rights of a purchaser in an e-auction

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**Application:** The ratio and reasoning apply to the specific facts by directing the removal of

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## Parties

- **Judges:** Ch. Mohd Sharief…
- **Appellants:** CS SATYADEVI…
- **Respondents:** THUVAKUDI GB…
- **Advocates:** D. Sa…; V. Ajoy…; +1 more

## Timeline

- **2019-05-27 — Hearing…**: Hearing held at 10:30 AM at the National…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 60 — Adjudicating Authority for corporate persons](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-60)

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