# In the matter of Dutta Agro Mills Private Limited

> NCLT judgment dated 2024-01-25. Citation: TCN-2024-NCLT-02900. West Bengal Industrial Development Corporation (WBIDC) filed an application under Section 19(2)…

- **Court:** NCLT
- **Order date:** 25 Jan 2024
- **Citation:** TCN-2024-NCLT-02900
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/dutta-agro-mills-private-limited-56519282

## Summary

### Background

West Bengal Industrial Development Corporation (WBIDC) filed an application under Section 19(2) read with Section 60(5) of the Insolvency and Bankruptcy Code, 2016, and Rule 11 of the National Company Law Tribunal Rules, 2016, seeking reliefs related to factory premises, land, plant, and machineries situated at Dhunui, Post Office: Paharhati, P.S. Memary, District Burdwan, West Bengal, belonging to the Corporate Debtor M/s Dutta Agro Mills. WBIDC claimed to be holding the subject premise as owner or at least as the beneficial owner thereof, having taken possession of the property on July 22, 2016, under the State Financial Corporations Act, 1951, after the Corporate Debtor defaulted on a loan from IDBI. The Resolution Professional is seeking to foist section 52 on the

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## Facts

West Bengal Industrial Development Corporation (WBIDC) claimed ownership of factory premises, land, plant, and machineries at Dhunui, P.O. Paharhati, P.S. Memary, District Burdwan, belonging to M/s Dutta Agro Mills (Corporate Debtor). WBIDC asserted it took possession on July 22, 2016, under the State Financial Corporations Act, 1951, after the Corporate Debtor defaulted on a loan from IDBI. IDBI's claim was allegedly inflated from Rs. 14 Crore to Rs. 158 Crore. A tripartite agreement dated August 13, 2010, indicated the amount lent by respondent no.2 was Rs. 14 Crore. The Resolution Professional sought to apply Section 52 of IBC, which WBIDC opposed. The Corporate Debtor was admitted into CIRP vide an order dated 04.07.2022.

## Issues and analysis

### Issue 1: Whether the provisions of the Insolvency and Bankruptcy Code (IBC), 2016 should prevail over the …

**Ratio:** The IBC, 2016 is a Special Statute and a later statute vis-a-vis the SFC Act of 1951,

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**Reasoning:** The court considered the extent of operation of the non-obstante clause in IBC versus SFC

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**Interpretation:** The IBC, being a later special statute with a broader non-obstante clause,

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**Application:** In this case, the provisions of IBC, 2016 should prevail over the SFC Act,

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## Parties

- **Judges:** BIDISHA BA…; Balraj…
- **Appellants:** West Bengal…
- **Respondents:** M/s Dutta Agro…; Pankaj Kumar…
- **Advocates:** Shaunak…; Siddhanth…; +11 more

## Timeline

- **2010-08-13 — Tripartite Ag…**: A tripartite agreement was dated August 13, 2010, indicating the amount lent by…
- **2016-07-22 — Possession b…**: WBIDC claimed it took possession of the Corporate Debtor's assets on July 22, 2016, under…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 19(2) — Personnel to extend co-operation to interim…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-19)

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