Authority: National Company Law Appellate Tribunal, Chennai (Justice N. Seshasayee - Member (Judicial) and Jatindranath Swain - Member (Technical))
Order Date: 04 August 2026
Case Overview
The appeal was filed by The Sub-Registrar, Neelankarai (Chennai) against Ebenezar Inbaraj, the Liquidator of M/s. Landmark Housing - Projects Chennai Private Limited (in liquidation). The matter concerned the registration of documents related to the company's property. The Appellate Tribunal noted there was no representation from the Appellant during the proceedings.
The key issue involved whether the Sub-Registrar could refuse registration due to a previous income tax attachment on the property. The respondent liquidator clarified through counsel that the Income Tax Department, which had previously attached the property, had already preferred and received payment for its claim under Section 53 of the Insolvency and Bankruptcy Code, 2016. The attachment was vacated during the liquidation process to enable the sale of the asset.
Final Outcome
The NCLAT dismissed the appeal, observing that the Income Tax Department (as an operational creditor) had already been paid and the attachment stood vacated. The Tribunal directed that the Sub-Registrar cannot worry more than the Income Tax Department and must fulfill its responsibility to register the document, subject to these observations.
Topics: Insolvency Proceedings, Property Registration