TMI Blog2020 (8) TMI 399X X X X Extracts X X X X X X X X Extracts X X X X ..... ll amounts due to the plaintiff, in the account of the applicant, in its name and trust, and a No Dues Certificate also stands issued by the plaintiff, in acceptance thereof. This fact is accepted by Mr. Manu Nair, learned counsel appearing for the plaintiff, who submits that the grievances, in the plaint, thereby stand redressed. The present application has been moved by the applicant, for permission to hand over the title documents and possession of the suit property, i.e. Plot No. 3, Bhagwan Das Road, New Delhi 110001, to Defendant No. 3, i.e. M/s. Aditya Estates Private Limited. - Application allowed. - CS(COMM) 1020/2018 and IA 6910/2020 - - - Dated:- 14-8-2020 - HON'BLE MR. JUSTICE C. HARI SHANKAR For the Plaintiff ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stood mortgaged by Defendant No. 3 in favour of M/s. Duncan Macneill India Power Ltd. Aggrieved, the Defendant no. 3 moved the learned Debts Recovery Tribunal (hereinafter referred to as the learned DRT ), by way of SA 118/2018 (Aditya Estates Pvt. Ltd. v. ICICI Bank Ltd.). No interim injunction was granted by the learned DRT, as a result whereof ICICI Bank Ltd., the present applicant, took physical possession of the suit property on 8th June, 2018. 5. SA 118/2018 was disposed by the learned DRT vide order, dated 23rd July, 2018, which also disposed of Original Application 742/2016 (ICICI Bank Ltd. v. M/s. Duncan Macneill Power India Ltd. Ors.). This order was assailed, by the applicant, before the learned Debts Recovery Appellate Tr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ium under Section 14 of the IBC, become applicable, and an Interim Resolution Professional (IRP), in respect of Defendant No. 3 was appointed. 9. This order, dated 26th February, 2019, of the learned NCLT, was assailed by Mr. A.K. Jajodia, by way of Company Appeal (AT) (Insolvency) 270/2019, before the learned National Company Law Appellate Tribunal (hereinafter referred to as the learned NCLAT ). 10. Vide order, dated 5th September, 2019, the said Company Appeal (AT) (Insolvency) 270/2019, was dismissed, by the learned NCLAT, holding that the plaintiff had established that it was the financial creditor of Defendant No. 3 and that the learned NCLT had, rightly, admitted Company Petition (IB)-974(PB)/2018, under Section 7 of the IBC. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aimed debt against the corporate debtor. Consequent to the receipt of the said amount, the applicant/Defendant No. 2 issued a No Dues Certificate on 24th July, 2020. 15. In terms of the resolution plan, Defendant No. 3 also paid all amounts due to the plaintiff, in the account of the applicant, in its name and trust, and a No Dues Certificate also stands issued by the plaintiff, in acceptance thereof. This fact is accepted by Mr. Manu Nair, learned counsel appearing for the plaintiff, who submits that the grievances, in the plaint, thereby stand redressed. 16. In view of these facts, the present application has been moved by the applicant, for permission to hand over the title documents and possession of the suit property, i.e. Pl ..... X X X X Extracts X X X X X X X X Extracts X X X X
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