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2022 (11) TMI 1045 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL , PRINCIPAL BENCH , NEW DELHIPermission to operate, run and maintain the F&B outlet at the resort of the respondent No. 1-UG Hotels and Resorts Limited - seeking handover of peaceful vacant possession of the resort to the Administrator/to the buyer - HELD THAT:- The averment made in para 69 of the reply affidavit filed by the Respondent No. 1 wherein the Ld. Administrator received a proposal from M/s G.R. Buildhomes Pvt. Ltd. who have offered to purchase and acquire the Shilon Bagh Resort on “as-is-where-is” basis for a consideration of Rs. 40 crores and have deposited with the Ld. Administrator a sum of Rs 2 crores which were kept as FDRs and the same is pending for consideration and decision by the Tribunal. The joint application was filed before the Company Law Board and consent was recorded in the order dated 02.12.2013 and Justice (Retd.) Manmohan Sarin was appointed as Administrator to the Hotel and Resorts. Liberty also given in the impugned order to approach before NCLT in case of any difficulty in the implementation of the order. Keeping in view the equities, the facts and circumstances of the case and the background of the Company Law Board order, this instant Appeal is allowed with a direction to the National Company Law Tribunal, Chandigarh Bench, Chandigarh to take up the Applications i.e. CA No. 74 of 2021 & CA No. 75 of 2021 filed by the Ld. Administrator and after hearing the parties, the Tribunal may pass appropriate orders taking into consideration the subsequent developments in the matter, at an early date. Appeal disposed off.
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