TMI Blog2020 (1) TMI 1255X X X X Extracts X X X X X X X X Extracts X X X X ..... is in occupation of the premises of a corporate debtor company undergoing liquidation is continuing the occupation unauthorisidly, this unauthorised occupation is to be ordered to evict. The eviction can be passed in the nature of case in hand. The liquidator is obliged to get maximization of the assets by selling the property at the highest price and, therefore, in view of the contract between the parties and admission of the respondent that they would vacate the premises on the expiry of license or whenever required, even as per the terms of the agreement, the respondent company is bound to vacate - respondent is directed to surrender vacant and peaceful possession of the premises to the liquidator within 15 days from the date of this order. Application maintainable. - CA (IB) No. 1134/KB/2018, Misc. Application No. 1156/KB/2018, CA (IB) No. 801/KB/2019 and CP (IB) No. 3/KB/2017 - - - Dated:- 7-1-2020 - Jinan K. R. , Member ( J ) And Harish Chander Suri , Member ( T ) For the Appellant : Joy Saha, Sr. Advocate, Rishav Banerjee, Advocate, Barsha Dikshit, PCS and Megha Mittal, PCS For the Respondents : S. Mitra, Avik Chaudhuri, Advocates, Ratnanko Banerjee, Sr. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion of title over the premises in occupation of the respondent and that this Tribunal lacks jurisdiction to pass an order of eviction. It is further contended that the liquidator attempt is to cause obstruction to the prevailing proceedings before the competent forum of law and that the Tribunal is not competent forum to decide on the veracity of the complaint of the respondent in a proceeding initiated for liquidating the assets of the corporate debtor. It is also contended that in the light of title suit filed by the respondent, the attempt of the respondent to get an order to vacate the respondent from the premises is unlawful. Upon the said circumstances, the respondent prays for dismissal of this application and to pass stay of all further proceedings in both the applications. 6. We have heard Ld. Sr. Counsel Mr. Ratnanko Banerjee appearing on behalf of the liquidator and Ld. Sr. Counsel on behalf of the respondent. Perused the record and the citation referred to on both the sides. Upon hearing the argument of both the sides and upon consideration the contention raised on the side of the liquidator and on the side of the respondent, the point that arises for determination i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... power under Sec. 35(1)(b) and 35(1)(n) of I B Code, 2016 read with regulation 39 of IBBI (Liquidator Process) Regulations, 2016. According to him, the obstruction caused by the respondent has restrained the liquidator realising the maximum liquidation estate and that no buyer is willing to purchase an encumbered property and according to him, unless the respondent is evicted from the premises, the liquidator is not is not able to dispose the property and, therefore, an order of eviction and for further direction to appropriate police authority is to be passed. 9. Ld. Sr. Counsel objected to this application mainly contended that this Adjudicating Authority cannot go into the question of title and question of leave and license and that the respondent is a lessee and further would submit that the AA has no jurisdiction to pass an order of eviction and if it dose so, it would obstruct the prevailing proceedings before other competent forum of law. 10. Admittedly, upon mutual consent of both the liquidator and the respondent, an agreement was entered into on 30/11/2017. As per the said agreement, the respondent has been granted right to use and possess 17500 square feet of fir ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y other title or interest whatsoever is created or intended to be created by this Agreement in favour of Licensee or employees or servants or any other persons claiming through Licensee. The possession of the said Premises whall always remain with the Licensor and Licensee shall only be permitted use of the space and facilities. Further the Licensee shall not sublet the said Premises to any third parties. This Agreement shall not be construed to create any right whatsoever in favour of the Licensee in the Licensed Premises in any manner. 11.3 If the Licensee unreasonably delays or fails to hand over the said premises on the expiry and/or earlier termination of this Agreement the Licensor shall be entitled to take legal recourse for repossession and the Licensee has to continue paying the License Fee and other fees as agreed in this Agreement. The Licensor shall have the right to re-enter into possession of the said Premises by following due process of Law to prevent the Licensee and its employees from issuing and/or occupying the said Premises. 15.1 This License Agreement shall, from the date of signature thereof operate in substitution of all terms, conditions, undertaki ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nsee in possession of the rooms of the corporate debtor under liquidation. Being satisfied the continuing possession is an unauthorised occupation by the persons who are sought to be evicted has been ordered to be evicted. The above said order of the Chandigarh Bench of NCLT was subjected to an appeal before the Hon'ble Supreme Court and Supreme Court has confirmed the order and by confirming the order has observed that We may also in passing mention that the NCLT, by its order dated 31/1/2019, had permitted the Punjab National Bank to file a fresh application for eviction of these persons when the publication for sale of the assets begins, which has already taken place. We, therefore, direct that the respondents to this application be evicted, with police help, if necessary, within a period of four weeks from today. 15. On a reading of the above said decision cited on the side of the liquidator, we are of the considered view that the respondent herein being a licensee continuing possession after termination of license became unauthorised occupant and in unauthorised possession who can be evicted and there is no prospective buyers having turned up despite publica ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... idator to sell the premises while keeping the tenants in the premises and which the help of tenants may get maximum assets value. He also referred to a letter sent to the liquidator by an interested buyer who quoted higher price to the upset price fixed by the liquidator. It is submitted by the Ld. Sr. Counsel for the liquidator that despite advertisement for the sale of the premises, no prospective buyers turned up and attempt of the respondent is to bring buyer at his instance by quoting lessor price expected to be fetched in this case. The building is situate in prime locality in Kolkata. So the liquidator has to issue publication of sale in leading news papers and the buyer referred to by the Ld. Counsel for the respondent can also participate in the bidding process. So we are not inclined to fix the modality for the sale process to be initiated by the liquidator. 19. In view of the above, the applications, CA (IB) No. 1134/KB/2018 and Misc. Application No. 1156/KB/2018 is perfectly maintainable and accordingly CA (IB) No. 801/KB/2019 is liable to be dismissed and CA (IB) No. 1134/KB/2018 and Misc. Application No. 1156/KB/2018 are liable to be allowed upon the following orde ..... X X X X Extracts X X X X X X X X Extracts X X X X
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