# In the matter of Granite Gate Properties P. Ltd. (IB)-1248(PB)-2018

> NCLT judgment dated 2020-07-15. Citation: TCN-2020-NCLT-01037. The case involves an application (IA/2468/2020) filed stating that the Corporate Debtor…

- **Court:** NCLT
- **Order date:** 15 Jul 2020
- **Citation:** TCN-2020-NCLT-01037
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/granite-gate-properties-p-ltd-ib-1248pb-2018-feb7876b

## Summary

### Background

The case involves an application (IA/2468/2020) filed stating that the Corporate Debtor executed a rent agreement in favor of the Applicant. The applicant sought to restrain the Corporate Debtor from evicting them from the premises. The Resolution Professional's counsel stated that the rent agreement was between the Applicant and one Ms. Aarti Saraf, not the Corporate Debtor.

## Facts

The applicant filed IA/2468/2020 claiming the Corporate Debtor executed a rent agreement in their favor and sought to prevent eviction. However, the Resolution Professional's counsel revealed the rent agreement was between the applicant and Ms. Aarti Saraf, not the Corporate Debtor. The court found the Corporate Debtor had no involvement in the issue, and the applicant was neither a creditor nor a debtor to the Corporate Debtor. This discrepancy led to the dismissal of the application.

## Issues and analysis

### Issue 1: Whether IA/2468/2020 should be dismissed due to the Corporate Debtor not being a party to the rent …

**Ratio:** An application seeking relief against a party requires that party to be directly involved

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**Reasoning:** The court reasoned that since the rent agreement was between the applicant and Ms. Aarti

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**Interpretation:** The interpretation is that a party cannot be held liable or restrained based on

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**Application:** The ratio and reasoning were applied to the facts by noting that the Corporate

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## Parties

- **Judges:** SH. B.S.V.…; Sh. Hemant Kumar…
- **Appellants:** Shinoj…
- **Respondents:** M/s. Granite Gate…

## Timeline

- **2020-07-15 — Order Del…**: Order delivered on…
- **2020-08-06 — Further H…**: IA/2479/2020 listed for…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 7 — Initiation of corporate insolvency resolution…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-7)

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