# In the matter of Sarga Hotel Pvt. Ltd.

> NCLT judgment dated 2024-03-05. Citation: TCN-2024-NCLT-02210. The case involves an application (IA 435 of 2024) preferred by the SRA Shri Ram Multicom…

- **Court:** NCLT
- **Order date:** 5 Mar 2024
- **Citation:** TCN-2024-NCLT-02210
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/sarga-hotel-pvt-ltd-0577e45b

## Summary

### Background

The case involves an application (IA 435 of 2024) preferred by the SRA Shri Ram Multicom Private Limited seeking reliefs related to obstruction by the respondents, SIDCL, in the implementation of a resolution plan approved by the Tribunal on January 1, 2024. The SRA alleges that SIDCL is wrongfully restraining their men and agents from accessing the premises where utilities equipment/installation are located. The resolution plan includes provisions for utilities equipment built by the Corporate Debtor (CD), unhindered access for the resolution applicant, and the right of the CD to relocate the utilities equipment. The order approving the plan is under appeal before the NCLAT.

## Facts

The SRA Shri Ram Multicom Private Limited filed IA 435 of 2024 alleging obstruction by SIDCL in implementing a resolution plan approved on January 1, 2024. SIDCL is allegedly preventing the SRA's personnel from accessing premises containing essential utilities equipment. The resolution plan includes provisions for the Corporate Debtor's (CD) utilities equipment, unhindered access for the resolution applicant, and the CD's right to relocate the equipment. The order approving the plan is under appeal before the NCLAT. The SRA has filed police complaints due to continued obstruction. SIDCL denies obstruction, claiming the relevant floors are possessed by Swayamvu, who is not a party, and that access is restricted during certain hours. The court considers these facts in

…

## Issues and analysis

### Issue 1: Whether SIDCL is obstructing the implementation of …

**Ratio:** The principle of ensuring the smooth implementation of an approved resolution plan and

…

**Reasoning:** The court considered the allegations of obstruction by SIDCL and the need to ensure that

…

**Interpretation:** This issue involves interpreting the scope of the approved resolution plan and

…

**Application:** The court applied this principle by directing SIDCL to desist from interfering

…

## Parties

- **Judges:** BIDISHA BA…; D. Ar…
- **Appellants:** Yes Bank L…
- **Respondents:** Sarga Hotel…
- **Advocates:** Joy S…; D.N. Sh…; +11 more

## Timeline

- **2024-03-05 — Hearing…**: Hearing on the matter was…
- **2024-01-01 — Resolution Plan…**: The Tribunal approved the…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 7 — Initiation of corporate insolvency resolution…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-7)

---

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/sarga-hotel-pvt-ltd-0577e45b