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2021 (12) TMI 7 - Tri - Insolvency and BankruptcyCancellation of allotment of plot - liquidator was made aware by RIICO for the first time about cancellation of allotment only on 8.10.2020 - application was within limitation or not - HELD THAT:- As per Rule 24(1) of RIICO disposal of Land Rules, 1979, the allotment of plot can be cancelled only by the unit head of RIICO which was not done and therefore cancellation is not good in the eyes of law - RIICO repeatedly sent notices to pay the dues and get the restoration done on 06.10.2017. As per Section 238, IBC overrides any other laws in India. Section 32A (2) clearly speaks that no action on the property of CD can be taken for any old dues after liquidation order had been passed. Evidently, in the present case Respondent has proceeded against the CD when either it was undergoing CIRP and moratorium u/s. 14 of the Code was in force or the said proceedings were barred in terms of Section 32A (2) of the Code - Tribunal is of the view that the liquidator should pay all the dues to RIICO which are pending from CD. This order does not exempt the liquidator from following any rules of RIICO and they have to abide by it and accordingly use the plot which is in question. RIICO being directed to restore the allotment of the said property in favour of the CD once all the pending dues are submitted. Further RIICO is also directed to facilitate the transfer property to the successful bidder within reasonable time after payment had been done - Application disposed off.
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