9.2.Per Contra, it is the case of MIDC that it had taken symbolic possession of the factory premises vide Panchnama dated 29.06.2015, hence, it cannot be said that the Corporate Debtor was in possession of the Factory Premises on the date of commencement of CIRP in its case; first show cause notice dated 27.04.2015 records the fact that the corporate debtor had “closed production activities” at factory premises and MIDC was entitled to cancel the lease, re-enter and re-possess the said property; this fact of closure is further confirmed from surveyor report dated 29.04.2015 wherein it was stated that the factory premises is in dilapidated condition and had been closed for many years; it issued termination notice dated 15.06.2015 after consideration of reply of the corporate debtor to show cause notice dated 27.04.2015 & 27.05.2015; a public notice was issued in the year 2015 informing the fact of cancellation of lease and cessation of rights/titles in the property of Corporate Debtor; it received lease payment under mistake and when it was discovered, the same was refunded as no such lease rent was payable by the Corporate debtor; the Factory Premises was allotted to Intervenor in February, 2022, who has already paid a sum of Rs. 2,14,25,000/as Earnest Money out of total premium of Rs. 8,45,00,200/- on 11.03.2022; Notice dated 2.6.2022 was issued to vacate the Factory Premises to illegal occupants (employees and workmen of other company) and was not addressed to the Corporate
