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2023 (1) TMI 549 - AT - Insolvency and BankruptcyValidity of Approval of Resolution Plan - Litigation regarding dispute over land is pending before Civil Court on behalf of third party - Land belong to corporate debtor or not - in compliance of Regulation 38 of the CIRP Regulations, 2016 or not - HELD THAT:- It is seen from the record that the first FIR No. 140/2021 was lodged on 04.02.2021 and, therefore, it cannot be said that the Appellant was not in knowledge of the subject case. It is also seen from the record that two more FIRs were lodged by the Resolution Professional against the Appellant and their agents for their attempts to enter the premises of the Corporate Debtor. The Resolution Plan was approved by the Adjudicating Authority vide an order dated 03.01.2022 which is almost a year after the lodging of the initial FIR. Be that as it may, this Tribunal does not have jurisdiction to decide the title of the land more so when a Civil Suit has already been preferred by the ‘Appellant’ herein and they have already opted for seeking a remedy before the Civil Court. Having regard to the fact that the main issue raised in this Appeal is with respect to the Dispute regarding the Title of the Subject Land which the Appellant claims was erroneously included in the assets of the Corporate Debtor by the Resolution Professional, which subject matter is already seized by the Civil Court, this Appeal is dismissed as devoid of merits. Appeal dismissed.
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