# In the matter of Suvidha Farming Allied Limited

> NCLT judgment dated 2026-04-08. Citation: TCN-2026-NCLT-00365. The Applicant, CMA Shaikh Nafis Anjum, Liquidator of Suvidha Farming Allied Limited, filed an…

- **Court:** NCLT
- **Order date:** 8 Apr 2026
- **Citation:** TCN-2026-NCLT-00365
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-indore/suvidha-farming-allied-limited-759f6021

## Summary

### Background

The Applicant, CMA Shaikh Nafis Anjum, Liquidator of Suvidha Farming Allied Limited, filed an application under Sections 35 and 60(5) of the Insolvency and Bankruptcy Code, 2016, seeking directions against the Respondents for extending cooperation, handing over physical possession of the Corporate Debtor's properties, declaring an auction sale as null and void, and directing concerned authorities to submit their claims.

## Facts

The Corporate Insolvency Resolution Process (CIRP) of the Corporate Debtor commenced on 21.09.2020.

The Applicant was appointed as the Interim Resolution Professional and later as the Liquidator.

An auction notice dated 10.08.2021 was issued by the Respondents in respect of the Corporate Debtor's properties.

The auction was conducted on 18.08.2021, prior to the order dated 09.12.2021, which restrained the sale of the properties.

The Respondents contended that the auction was conducted pursuant to an order dated 06.03.2021 passed by the Special Court, Dhamtari.

The Applicant argued that the auction was conducted during the subsistence of the moratorium period under Section 14 of the Insolvency and Bankruptcy Code, 2016.

…

## Issues and analysis

### Issue 1: Whether the auction conducted during …

**Ratio:** Section 14 of the Insolvency and Bankruptcy Code, 2016, imposes a moratorium that

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**Reasoning:** The auction was conducted on 18.08.2021, which falls within the period during which the

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**Interpretation:** The statutory mandate of the moratorium operates with full force

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**Application:** The Adjudicating Authority concluded that the auction conducted during the

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## Parties

- **Judges:** Brajendra Mani…; Man Mohan…
- **Appellants:** CMA Shaikh Nafis…
- **Respondents:** Suvidha Farming…; The Tehsildar,…; +1 more
- **Advocates:** Natasha Dhruman…; Meena Cha…

## Timeline

- **2017-12-06 — Collector order for…**: Collector order for…
- **2020-09-21 — CIRP comm…**: CIRP commenced →…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 35 — Powers and duties of liquidator](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-35)

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