# In the matter of Jenson & Nicholson (India) Limited

> NCLT judgment dated 2023-07-12. Citation: TCN-2023-NCLT-02563. The case involves an application filed by Schenck Process Solutions India Private Limited…

- **Court:** NCLT
- **Order date:** 12 Jul 2023
- **Citation:** TCN-2023-NCLT-02563
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/jenson-nicholson-india-limited-98043ccf

## Summary

### Background

The case involves an application filed by Schenck Process Solutions India Private Limited (Applicant) under Section 60(5) of the Insolvency and Bankruptcy Code, 2016, seeking a direction from the Adjudicating Authority to the Sub-Registrar, Gurugram, Haryana (Respondent) to expedite the registration of a Sale Deed in favor of the Applicant. The Corporate Debtor, Jenson and Nicholson (India) Limited, is undergoing liquidation under Section 33 of the I&B Code. The Corporate Debtor had leased a portion of its land to Schenck Johnson & Nicholson Sensors Private Limited, which later amalgamated with Schenck Process India Private Limited. The Liquidator, appointed by the Bench, sought to sell the land parcel to Schenck Process India Private Limited. The Liquidator

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## Facts

Jenson and Nicholson (India) Limited (Corporate Debtor) is undergoing liquidation under Section 33 of the I&B Code. The Corporate Debtor owned 14.09 acres of land in Naurangpur, Gurugram, Haryana, as per sale deeds dated September 25, 1992, and September 05, 1992. The Corporate Debtor leased a portion of this land to Schenck Johnson & Nicholson Sensors Private Limited for 90 years. This company later amalgamated with Schenck Process India Private Limited in 2000. Schenck Process India Private Limited constructed a building on the leased land. The Liquidator, appointed by the Bench, approached Schenck Process India Private Limited to sell the land. The Liquidator filed I.A. 337/KB/2021 seeking permission to sell the land, which was dismissed. Schenck Process

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## Issues and analysis

### Issue 1: Whether the Sub-Registrar, Gurugram, Haryana, should be directed to expedite the registration of …

**Ratio:** Section 35(1)(m) of the I&B Code empowers the Liquidator to take all necessary

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**Reasoning:** The court found no evidence of refusal by the Sub-Registrar to register the sale deed.

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**Interpretation:** Section 35(1)(m) of the I&B Code is interpreted to grant the Liquidator

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**Application:** The court applied the ratio by directing the Liquidator to take appropriate

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## Parties

- **Judges:** BIDISHA BA…; Balraj…
- **Appellants:** Schenck Process…
- **Respondents:** Jenson & Nicholson…; Office of the…

## Timeline

- **1992-09-25 — Sale Dee…**: Corporate Debtor acquired land in…
- **1992-09-05 — Sale Dee…**: Corporate Debtor acquired land in…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 60(5) — Adjudicating Authority for corporate persons](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-60)

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