Legal Notice Letter for Illegal Possession of
Property in Word
18.12.2026
To
Mr.
Sachin Kumar Mishra
151/5
N S Road
MHADA
Sankul, Ram Bhau Bhogle Marg,
Ghodapdev,
Mumbai-400 001
Ref:
- ‘Starline Factory vs. Stabnet Tyres Ltd.’ in C.P. (IB)-12/MB/2025 before
NCLT, Mumbai.
Sub: - Request to return the property whose illegal possession was taken by you on 28.10.2026 by misrepresenting the order dated 18.10.2026 by NCLT, Mumbai.
Dear
Sir,
This
is to kindly inform you that the possession of the factory at Bhiwandi
Wada Road, Near Thanza River Wada Taluk, Thane District was illegally taken by
you on the basis of the order dated 18.10.2026 passed by
NCLT, Mumbai in C.P. (IB)-121/MB/2024. The undersigned was not a party in
proceedings before the NCLT and as such no notice was also given to the
undersigned. You are aware that the undersigned is the owner and was in
possession of the factory in question and despite that you illegally ousted the
undersigned by virtue of an order that does not record dispossessing the
undersigned. The order record as follows:
“However, in
view of the findings in MA 155 of 2026, it is established that the Sale
Agreement dated 05.05.2022 is a highly undervalued transaction wherein the
Debtor company has been sold Lock Stock and Barrel, thus attracting section 49
of the I&B Code. The withdrawal of MA 1011 of 2026 cannot be allowed as the
transaction deserves to be set aside in view of successful completion of CIR
process.”
It is pertinent to mention here that prior to the said sale
agreement dated 05.05.2022 the undersigned had previously entered into a lease
deed with the Corporate Debtor for 21 years. Prior to it, the undersigned had also
paid the last tranche of the OTS payable to BOI on behalf of the Corporate
Debtor and therefore the mortgage of the assets held by BOI stood transferred
in favor of the undersigned. Therefore either ways the undersigned could not
have been dispossessed from the factory.
It
is further understood by you that the order of the NCLT, Mumbai dated 18.10.2026
does not record or authorize you to dispossess the undersigned from his factory,
therefore your act to oust the undersigned from his factory by misrepresenting
a court order is illegal.
Therefore you are kindly requested to
remove the locks and the guards at the factory at the earliest failing which
the undersigned will be constrained to seek police assistance.
Stabnet Commercials Pvt. Ltd.
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