# In the matter of LML Ltd.

> NCLT judgment dated 2024-11-12. Citation: TCN-2024-NCLT-00264. RDB Realty & Infrastructure Limited, the successful bidder in the liquidation sale of M/s L.M.L…

- **Court:** NCLT
- **Order date:** 12 Nov 2024
- **Citation:** TCN-2024-NCLT-00264
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/lml-ltd-993875bf

## Summary

### Background

RDB Realty & Infrastructure Limited, the successful bidder in the liquidation sale of M/s L.M.L Ltd. (Corporate Debtor), filed an application against Kanpur Electricity Supply Company Ltd. (Respondent No. 1) for rejecting the installation of a fresh electricity connection at the subject property. The applicant sought relief from the tribunal to direct the respondent to grant an electricity connection and declare that the respondent is not entitled to claim any dues over the property of the applicant. The corporate debtor was put into liquidation on 23.03.2018, and Mr. Arun Gupta was appointed as the liquidator. The liquidator issued an E-auction sale notice, and the applicant was declared the successful bidder. After taking possession, the applicant applied for a

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## Facts

RDB Realty & Infrastructure Limited (Applicant) was the successful bidder in the e-auction of assets of M/s L.M.L Ltd. (Corporate Debtor) which was under liquidation. The applicant deposited Rs. 31.40 Crores along with interest amounting to Rs. 3,81,962/- to the Liquidator and took possession of the assets on 18.07.2023. The assets included property No. A1, A2, A3, A4, E16A, E30, E30A, 3C-6, C7, C8, C9, C10 situated at Site-II Panki Industrial Area Kanpur UP Area 61554.45 sq.mt. The applicant applied to Kanpur Electricity Supply Company Ltd. (Respondent No. 1) for a fresh electricity connection. Respondent No. 1, by letter dated 28.10.2023, informed the Applicant that the issuance of the fresh electricity connection would be subject to the clearance of outstanding

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## Issues and analysis

### Issue 1: Whether the Respondent No.1, Kanpur Electricity Supply Company Limited, is entitled to claim …

**Ratio:** Section 32A of the Insolvency and Bankruptcy Code (IBC) provides immunity to the

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**Reasoning:** The tribunal reasoned that Section 32A was inserted in the Code to protect the successful

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**Interpretation:** Section 32A is interpreted to mean that a successful auction purchaser cannot

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**Application:** The tribunal applied the ratio and reasoning to the facts of the case, holding

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## Parties

- **Judges:** Praveen…; Ashish…
- **Appellants:** RDB Realty &…
- **Respondents:** M/s. L.M.L.…; KANPUR MUNICIPAL…

## Timeline

- **2018-03-23 — Liquidation…**: Tribunal passed an order for…
- **2018-04-09 — Appointment of…**: Mr. Arun Gupta appointed as…

## 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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