Micromax Informatics Ltd vs Good Day Ventures (India) Pvt Ltd

IA-839(MB)2024

Ms. Mily Ghoshal a/w Adv. Sophia Hussain, Ld. Counsel for the Applicant present. Ms. Raina Birla, Ld. Counsel for the Respondent present through VC.

This is an application filed by the Applicant/Liquidator on 13.02.2024 seeking following reliefs:

a) “The Hon’ble Tribunal be pleased to allow the present application;

b) The Hon’ble Tribunal be pleased to direct the Respondents to handover the vacant and possession of Row House Property situated at Row House, B2 & C3, Montle Castle, Utopia Co-op Hsg Society, Wanowrie Pune, 411040 to the Liquidator within 7 days of order of this Hon’ble Tribunal;

c) The Hon’ble Tribunal be pleased to direct the local district administration/police assistance to support the applicant while taking possession of the assets of the Corporate Debtor.”

The Respondent No.6 requested the Tribunal to allow her i.e. Mayadevi Batra aged and has sentimental values attached to on it. Further it was stated that the Respondent No. 6 shall vacate the premises within 30 days of the sale of the Row House property. The Hon'ble Tribunal directed the respondents to file an undertaking to the same within 2 weeks. The undertaking was filed by the Respondents and it was taken on record by this Tribunal on 05.10.2023.

Ld. Counsel for the Applicant states that the last auction assets of the Corporate Debtor was published on 18th December, 2023. However, the respondents have locked down the premises without any prior intimation and have been outstation since then. The Liquidator has through emails repeatedly requested the Respondents to ensure that the premises are accessible to the Liquidator as well as the bidders, but no response is received till date. The interested bidders are also reluctant to participate in the auction process as the custody of the Row House Property is with the respondents and are not willing to participate in the auction process.

Heard Ld. Counsel for both the parties and perused the records.

This Bench vide order dated 05.10.2023 had disposed of IA-745/2021 based on the undertaking given by the Respondent No.6. As the Respondent No.6 has failed to honour the undertaking given before the Bench and have not complied with order passed by this Bench on 05.10.2023, this Bench takes a serious view of the matter as the said asset is part of the Liquidator estate and hereby directs the Respondent No.6 i.e. Mayadevi Batra to handover the possession of said premises within 30 days from the receipt of this order. If there is any protest to handover the possession, liberty is given to the Applicant/Liquidator to approach the concerned police station for taking assistance for taking over peaceful possession of the said property.

In view of the above, IA-839(MB)2024 is allowed and disposed of.