ARC Research And Development Centre Limited Vs Liquidator of Adya Oils And Chemicals Ltd. (NCLAT Delhi)
Summary: The National Company Law Appellate Tribunal, Principal Bench, New Delhi, considered an appeal by ARC Research and Development Centre Limited and ARC Fintube Technologies Pvt. Ltd. against the order dated 22.01.2025 passed by the NCLT, Mumbai Bench in I.A. No. 2658 of 2021 in C.P. (I.B.) No. 2392/MB/2019. The dispute concerned access to the land of Adya Oils and Chemicals Ltd., the Corporate Debtor, situated at New Block No. 83 (Old Block No. 87), Village Manglej, Taluka Karjan, District Vadodara, Gujarat, through the appellants’ adjoining New Block Nos. 90 and 92 (Old Block Nos. 94 and 96).
The Corporate Debtor had obtained Non-Agricultural permission dated 04.11.1999 from the Taluka Panchayat Kacheri, Karjan. The relevant NA Order, bearing No. N.A.S.R./2/99/99-2000/Land Vashi/1466/99, recorded that access to the Corporate Debtor’s land from the National Highway was to be secured through Block Nos. 94 and 96, subject to the stated undertaking and other conditions. The Corporate Debtor was admitted into CIRP on 16.09.2019 and liquidation commenced on 04.03.2020. During the COVID-19 lockdown, the appellants constructed a wall along their boundary, obstructing access. A police complaint was lodged in February 2021 and was closed on 09.06.2021. The wall was subsequently demolished, although the Liquidator alleged that earth and mud were thereafter placed near the factory gate, continuing to impede ingress and egress.
