Case Law Details
Ramchandra Dalaram Choudhary RP of Anil Mega Food Park Pvt Ltd Vs M2K Developers Pvt. Ltd. (NCLT Ahmedabad)
NCLT Ahmedabad rejected approval of Conditional Resolution Plan of Anil Mega Food Park Pvt Ltd
Hon’ble National Company Law Tribunal (NCLT), Ahmedabad in IA 843/2021 filed by Ramchandra Dalaram Choudhary RP of Anil Mega Food Park Pvt Ltd for approval of Resolution Plan has observed following;
1. The Resolution Applicant in its application i.e., IA/420(AHM)2022 has produced on record the Information Memorandum dated 21.08.2021 prepared by the RP (page no. 30 is relevant to look into). A layout of the plot of lands owned by the Corporate Debtor and other lands surrounding too has been prepared. There are dotted lines shown by the RP giving an impression to Resolution Applicants in general that there is an existence of the road connecting to the main road and the plots of land owned by the Corporate Debtor. However, in fact, such road is not in existence at all. It is not in dispute that the Corporate Debtor’s unit is a landlock unit from all sides. The Resolution Applicant cannot approach that unit for want of connectivity road.
2. There is enough material on record to show that the RP was well aware of the fact that the Corporate Debtor’s unit is the landlock unit. This fact was discussed in detail in the CoC meeting. The minutes of 5th CoC meeting dated 07.09.2021 are on record (Annexure-J of IA/843(AHM)2021). The CoC specifically asked the RP “whether the Resolution Applicant was aware of the fact about the entry/access to the land of the Corporate Debtor because the land is blocked due to Bharatmala Project?”. The RP apprised the CoC stating that the communication is done with the Highway Authority which may provide the access etc. It shows that the CoC and RP were well aware that there is no access to the unit of the Corporate Debtor from the main road. In spite of that, the RP in Information Memorandum tried to show the dotted lines giving impression that the approach road can be made available to the Prospective Resolution Applicant. If there is no approach road connecting to the main road and unit of the Corporate Debtor, we fail to understand how the Resolution Applicant will be able to run that unit. The Resolution Applicant in the Resolution Plan has stated in uncertain terms in para 6.8(e) that:- “…6.8(e) That the access and approach road of 24 meters to the subject land as clearly indicated on page no. 11 of IM shall exist at site and be made available to the RA without any condition, condition or any additional costs whatsoever, so as to ensure that the free access/entry exist to the subject land of 3,53,291 Sq. Mtr. Is made available to the RA……”.
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