# In the matter of Ranajit Das & Ors. (IB)-334(ND)2018

> NCLT judgment dated 2019-04-04. Citation: TCN-2019-NCLT-04155. The case involves multiple Company Applications (CAs) filed before the National Company Law…

- **Court:** NCLT
- **Order date:** 4 Apr 2019
- **Citation:** TCN-2019-NCLT-04155
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/ranajit-das-ors-ib-334nd2018-0b8465fe

## Summary

### Background

The case involves multiple Company Applications (CAs) filed before the National Company Law Tribunal (NCLT), New Delhi Bench, concerning the corporate insolvency resolution process (CIRP) of Ranajit Das & Ors. The applications address issues such as rent disbursement, information requests regarding outstanding dues, and operational hindrances faced by licensees/lessees.

## Facts

The National Company Law Tribunal (NCLT) is hearing matters related to the insolvency resolution process of M/s. Ranajit Das & Ors. Several Company Applications (CAs) have been filed. CA 359/2019 concerns Section 19 of the Code, with notice issued to non-applicants. CA 351/2019, filed by the RP, seeks modification of an order regarding rent being kept in a separate escrow account, proposing a current account instead due to high charges. CA 352/2019, filed by lessor Monika Ghei, requests release of monthly rent as per an arbitrator's order ratified by the High Court, which has not been complied with. The RP justifies non-compliance due to multiple allottees sharing the space, making disbursement difficult. The applicant's allotment was prior to other claims. The RP

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## Issues and analysis

### Issue 1: Whether the RP is justified in not complying with the …

**Ratio:** An order passed by a sole arbitrator and ratified by the High Court should be complied

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**Reasoning:** The RP's justification for non-compliance, based on the difficulty of disbursing rent due

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**Interpretation:** The interpretation of the order involves understanding the specific terms and

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**Application:** The tribunal directed the RP to release the rent to the applicant, indicating

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## Parties

- **Judges:** V.K. SUB…; Ina Mal…
- **Appellants:** Rakesh…
- **Respondents:** Ranajit Das…

## Timeline

- **2018-12-17 — Arbitrator'…**: Sole arbitrator passed an order in favor of…
- **2019-03-12 — High Court Rat…**: The Hon'ble High Court…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 19 — Personnel to extend co-operation to interim…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-19)

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