# In the matter of LML Ltd. IA No. 285-ALD-2020 in CP (IB) No. 55-ALD-2017

> NCLT judgment dated 2022-04-06. Citation: TCN-2022-NCLT-03334. The case involves an application filed by the auction purchaser of a property belonging to the…

- **Court:** NCLT
- **Order date:** 6 Apr 2022
- **Citation:** TCN-2022-NCLT-03334
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/lml-ltd-ia-no-285-ald-2020-in-cp-ib-no-55-ald-2017-395e5b36

## Summary

### Background

The case involves an application filed by the auction purchaser of a property belonging to the corporate debtor, LML Limited, under Section 60(5) of the Insolvency and Bankruptcy Code (IBC), 2016. The applicant sought directions against Kanpur Nagar Nigam to quash a bill dated 22.01.2020 and to restrain them from demanding arrears of house tax for the period prior to the purchase of the property. The Corporate Insolvency Resolution Process (CIRP) had commenced on 30.05.2017, and subsequently, liquidation was ordered on 23.03.2018, with the appointment of a liquidator. The liquidator then issued a notice for the sale of assets of LML Limited, and the applicant successfully bid for the land and building in an e-auction. A sale certificate was issued on 19.04.2019, and

…

## Facts

The Corporate Insolvency Resolution Process (CIRP) of LML Limited commenced on 2017-05-30. Anil Goel was appointed as the Interim Resolution Professional (IRP) and later confirmed as the Resolution Professional (RP). On 2018-03-23, a liquidation order was passed, and Arun Gupta was appointed as the liquidator. The liquidator issued a notice for the sale of LML Limited's assets through e-auction on 2018-12-31. The applicant successfully bid for the land and building of LML Limited located at C-3 and C-4, Site-I, Panki Industrial Area, Kanpur. The sale certificate was issued on 2019-04-19, and the applicant acquired physical possession of the property on 2022-04-19. Kanpur Nagar Nigam issued a consolidated bill/notice to the applicant, claiming arrears of house tax for

…

## Issues and analysis

### Issue 1: Whether the auction purchaser of a property of a corporate debtor is liable to pay the arrears of …

**Ratio:** The successful resolution purchaser cannot be held liable to discharge the arrears prior

…

**Reasoning:** The court reasoned that the liquidation order was still in process and that the dues

…

**Interpretation:** This means that the liability for the arrears of house tax remains with the

…

**Application:** Since the applicant acquired the property through auction after the CIRP had

…

## Parties

- **Judges:** Rajasekha…; Virendra Kumar…
- **Appellants:** Lohia Corp.…
- **Respondents:** LML L…; Kanpur Naga…

## Timeline

- **2017-05-30 — CIRP Commen…**: Corporate Insolvency Resolution Process…
- **2018-03-23 — Liquidation…**: Liquidation order was passed by…

## 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)

---

This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/lml-ltd-ia-no-285-ald-2020-in-cp-ib-no-55-ald-2017-395e5b36