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2019 (11) TMI 683 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHIRestraint on Appellant from taking any action in relation to ‘A’ Wing premises pursuant to the notices - Section 13(4) of the ‘SARFAESI Act - HELD THAT;- The ‘Resolution Professional’/ ‘Liquidator’ in its reply has accepted that both ‘A’ and ‘B’ Wing premises of Lakshmi Towers do not belong to the ‘Corporate Debtor’. However, it is stated that the office of the ‘Corporate Debtor’ is running from the said premises and it was the employees of the ‘Corporate Debtor’ who have been evicted persons under Section 13(4) of the ‘SARFAESI Act.’ Although ‘A’ and ‘B’ Wings premises of Lakshmi Towers do not belong to the ‘Corporate Debtor’, in view of Section 14(1) (d), the ‘Corporate Debtor’ cannot be ejected or disturbed from the premises, in question, during the ‘Moratorium’ - thus the Adjudicating Authority has rightly directed the Appellant to hand over the possession of ‘B’ Wing premises of Lakshmi Towers and rightly prohibited the Appellant from evicting the ‘Corporate Debtor’ from ‘A’ Wing premises of Lakshmi Towers. Who is the owner of ‘A’ and ‘B’ Wings premises of Lakshmi Towers? - whether the Appellant has any right over the said property? - HELD THAT:- Such questions are not required to be determined in the proceeding under the ‘I&B Code’ - If the ‘Corporate Debtor’ is saved during the liquidation proceeding pursuant to Section 230 of the Companies Act, 2013 or if it is sold to a third party along with the employees then, in such case, one may move before the Competent Court of law for appropriate decision. Appeal disposed off.
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