# In the matter of Lanco Babandh Power Ltd. IA No. 668-2018 In CP(IB) No. 296-7-HDB-2017

> NCLT judgment dated 2018-12-11. Citation: TCN-2018-NCLT-00107. The Resolution Professional, Mr. U. Balakrishna Bhat, filed an application seeking the…

- **Court:** NCLT
- **Order date:** 11 Dec 2018
- **Citation:** TCN-2018-NCLT-00107
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/lanco-babandh-power-ltd-ia-no-668-2018-in-cpib-no-296-7-hdb-2017-aff5be10

## Summary

### Background

The Resolution Professional, Mr. U. Balakrishna Bhat, filed an application seeking the Tribunal's direction to the Local Administration (Collector and District Magistrate, Dhenkanal District) and the Superintendent of Police, Dhenkanal, to provide necessary assistance for entering the Corporate Debtor's site in Kurunti and Kharagprasad Villages, Dhenkanal District, taking possession, and carrying out duties as per the IBC Code 2016 until the completion of the CIRP process. The Resolution Professional stated that sub-contract work was given to local contractors, and the outstanding payments to these contractors, allegedly supported by local leaders, were causing problems for the Resolution Professional in taking possession of the site.

## Facts

The Resolution Professional, Mr. U. Balakrishna Bhat, filed an application seeking assistance from the Local Administration and Police to enter the site of the Corporate Debtor, Lanco Babandh Power Ltd, located in Kurunti and Kharagprasad Villages of Dhenkanal District. The Resolution Professional stated that sub-contract work was given to local contractors, and outstanding payments to these contractors, allegedly supported by local leaders, were causing problems for the Resolution Professional in taking possession of the site. The Resolution Professional requested the Tribunal to direct the Local Administration and Police to provide necessary assistance to carry out his duties as per the IBC Code 2016.

## Issues and analysis

### Issue 1: Whether the Tribunal should direct the Local Administration and Police to provide necessary …

**Ratio:** The Resolution Professional is entitled to the assistance of the Local Administration and

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**Reasoning:** The Tribunal reasoned that the Resolution Professional's duties under the IBC Code 2016

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**Interpretation:** The IBC Code 2016 mandates the Resolution Professional to take control and

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**Application:** In this case, the Resolution Professional faced obstruction from local

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## Parties

- **Judges:** K. Anantha…
- **Appellants:** ICICI Ban…
- **Respondents:** Lanco Babandh…

## Timeline

- **2018-12-11 — Hearing…**: Hearing held on 11.12.2018 at 10.30 AM regarding IA NO. 668/2018 in CP(IB) NO.…

## 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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