Tribunals and CommissionsFull Bench(2021) 12 NCLAT CK 0012

GP Global Energy Pvt. Ltd vs Mr. Sandeep Mahajan & Anr

National Company Law Appellate Tribunal · Decided on 7 December 2021

HON’BLE JUDGES
Ashok Bhushan, Chairperson · Jarat Kumar Jain, Member (J) · Dr. Alok Srivastava, Member (T)
RESULT
Allowed
CASE NUMBER
Company Appeal (AT) (Ins) Nos. 954, 1011 of 2021

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Judgment

7 paragraphs · 258 words

Learned Counsel for the Appellant submits that the Appellant is still desirous of implementing the 'Plan' and to deposit the balance amount of Rs. 165.31 crores in 14 working days. He submits that the Appellant should also be permitted to have a visit of the land in question to find out as to whether the encroachment has been removed as has been submitted by the 'Resolution Professional' in his affidavit dated 04.12.2021 before this Court. We permit the Appellant to have visit of the land in question after intimation of the date of the visit to the 'Resolution Professional' as well as to the Sub-Divisional Officers of the area concern. The visit shall be made within 14 (fourteen) working days after due intimation.

We are of the view that Sub-Divisional Officer concerned be also present on the date as intimated by the Appellant to assist the Appellant to see the status of the encroachment, if any and to do the needful.

Learned Counsel for Respondent No. 2 Shri Dinkar Singh submits that the interest be also allowed, which submission we are not considering as on date.

Learned Counsel for the Appellant has refuted the submission of Shri Dinkar Singh, he submits that the Appellant is not liable to pay any interest.

Learned Counsel for the Appellant made a statement that on or before 27.12.2021 the Appellant shall deposit the amount of Rs. 165.31 crores in the registry of this Tribunal.

List the matter on 03.01.2022.

In the meantime, the impugned orders dated 01.11.2021 shall be kept in abeyance.