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ABHAY SINGH
Resource Centre / Categories :- Judgements  » Bankruptcy/Insolvency
Manish Mittal Vs MKMG
ABHAY SINGH | 01/01/1970

The National Company Law Appellate Tribunal (NCLAT), Principal Bench, New Delhi, in Manish Mittal v. MKMG Jewel Developers Pvt. Ltd., decided two connected appeals, Comp. App. (AT) (Ins) No. 883 of 2025 and 868 of 2025 filed by Manish Mittal and Sharad Jain, respectively. Both appellants challenged orders passed by the NCLT directing the Resolution Professional (RP) to take possession of the property located at 13/3, WEA, Karol Bagh, New Delhi, claiming that they were bonafide purchasers in possession of independently sold units by the Corporate Debtor through valid sale deeds. They sought protection from dispossession until the RP determined the ownership status of their premises. The RP had earlier been granted police assistance to take control of the premises. During the proceedings, the RP submitted that he was willing to assess ownership upon production of original title documents by the appellants and would refrain from taking possession if ownership was established. Considering this, the NCLAT disposed of the appeals with a direction that the appellants must submit their original title deeds to the RP within 15 days. The RP was instructed to take a holistic view and determine whether the properties belonged to the appellants or the Corporate Debtor. Until such determination is made, the RP shall not take possession of the properties in dispute either directly or with police assistance.

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