Vijai Pratap Singh, Member - (1.) Ld. IRP, Shri Arun Gupta and Ld. Counsels for the operational creditor and the corporate debtor as well as the applicant of I.A.No. 301/2017 are present. I.A.No. 301/2017 has been moved by Mr. Pawan Kumar Bagla with a prayer for declaring that the subject premises no. 9, Bhukailash Road (also comprising premises no. 3/1, Ismail Ostager Lane and premises no. 57/1, Hossain Shah Road) , Police Station Ekbalpore, Kolkata 700 023 is onerous to the operational debtor and is an excluded asset within the meaning of the Insolvency and Bankruptcy Code, 2016 and the applicable Rules framed thereunder.
(2.) Applicant is not an operational creditor nor financial creditor. His claim is based on the pending civil suit in the Court. He claims to be a tenant of the property since 1958.
(3.) Applicant may file his claim before the IRP and the issue of maintainability will be decided by the IRP. It appears from the record that CoC has passed a resolution for change of IRP and recommended appointment of Shri Debesh Desai as RP and NCLT has forwarded his name to IBBI for approval.;