PATANJALI FOODS LIMITED Vs. IARC PVT. LTD.

JUDGEMENT

(1.) Petitioner/Company has approached this Court seeking interim relief as no Presiding Officer is holding the tribunal at DRT, Jabalpur from 10/1/2025 to 17/1/2025.

(2.) Learned Senior Counsel appearing on behalf of the petitioner submits that petitioner/Company has already filed an appeal assailing order dtd. 1/8/2024 passed by the Recovery Officer-I, Debt Recovery Tribunal, Jabalpur and possession notice issued by authorised officer of Court Receiver dtd. 1/1/2025 before the DRT, Jabalpur, under Sec. 30 of the Recovery of Debts and Bankruptcy Act, 1993, which is pending, however, no Presiding Officer is available since 10/1/2025 to 17/1/2025, the petitioner/Company has preferred the present writ petition as the proposed date for taking over possession of the property is 15/1/2025.

(3.) Learned Senior Counsel submits that subject property, factory and land building at Plot No.1, Village Sumari, Salamatpur District Raisen admeasuring 30.70 acres was originally owned by respondent no.2, Surya Agroil Private Limited, a company which is under liquidation. The said property was auctioned by Additional Tahsildar and Commercial Tax Officer, Bhopal and was purchased by one Maksood Ahmand S/o Mahmood Ahmad. Ruchi Soya Industries Ltd. purchased the said property from Maksood Ahmand through registered sale deed on 15/4/2013. Thereafter, the DBS Bank initiated proceedings against the purchaser Company i.e. Ruchi Soya Industries Ltd. under the provisions of Insolvency and Bankruptcy Code, 2015 before the National Company Law Tribunal, Mumbai and the petitioner/Company submitted a resolution plan for acquiring the unit of Ruchi Soya Industries Ltd. The resolution plan submitted by the petitioner/Company was accepted by NCLT, Mumbai vide order dtd. 24/7/2019 and in this way the unit was acquired by the petitioner/Company and now the petitioner/Company is running the said unit. He further submits that proceedings were initiated against the original owner, Surya Agroil Private Limited for recovery of the amount by MPSIDC before the DRT and the Recovery Officer has passed the order on 1/8/2024 for taking over the possession of the subject unit by Court Receiver, M/s Verve Recovery Enforcement Pvt. Ltd. (Respondent no.3). The Court Receiver has issued possession notice in the name of Surya Agroil Private Ltd. dtd. 1/1/2025 wherein it was informed that on 15/1/2025, the possession will be taken over by the Court Receiver. The notice was fixed upon the property and from the notice, the petitioner/Company came to know about the proceedings by the Recovery Officer. Assailing the order passed by the Recovery Officer dtd. 1/8/2024 and possession notice dtd. 1/1/2025, petitioner/Company already filed an appeal before the DRT, Jabalpur along with application for grant of interim relief but as no Presiding Officer is available, the present petition has been filed wherein the order dtd. 1/8/2024 and possession notice dtd. 1/1/2025 have been challenged on various grounds.