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TMI Blog2018 (6) TMI 973X X X X Extracts X X X X X X X X Extracts X X X X ..... sh Madhavan is ‘Operational Creditor’ of M/s. Black N. Green Mobile Solutions Pvt. Ltd.. Sub-tenant has no liability to pay the rent to the original owner of the premises, but to the tenant with which it has executed the agreement. If part of the payment was made directly by the ‘sub-tenant’ to Mr. Mahesh Madhavan (Operational Creditor) it will not create the relationship of ‘Operational Creditor’ and the ‘Corporate Debtor’ between the aforesaid two persons. The Adjudicating Authority having failed to notice the aforesaid fact wrongly admitted the application and in absence of any relationship between ‘Mr. Mahesh Madhavan’ (Operational Creditor) and ‘M/s. Black N. Green Mobile Solutions Pvt. Ltd.’ as Corporate Debtor, the petition under Section 9 was not maintainable and was fit to be rejected. - Company Appeal (AT) (Insolvency) No. 03 of 2018 - - - Dated:- 21-5-2018 - Mr. S. J. Mukhopadhaya And Mr. Bansi Lal Bhat, JJ. For The Appellant : Mr. Anish R. Shah, Advocate For The Respondents : Mr. A.K. Mylsamy, Ms. Shalini Kaul and Mr. Chaman Choudhary, Advocates JUDGMENT SUDHANSU JYOTI MUKHOPADHAYA, J. The appellant Rahul Gupta, shareholder of s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... I Branch, Coimbatore 641 018 ; Any delay in payment of rent would attract interest at 18% per annum; ( ii) The LESSEE confirms that the said monthly rent is exclusive of taxes and levies charged by the Government such as Service Tax and that any such taxes or levies shall be borne by the LESSEE only; ( iii) The LESSEE further confirms that he shall furnish the LESSOR the yearly certificates for Tax Deducted at Source (TDS) for the rents paid with respect to the demised premises. C. SECURTIY DEPOSIT: ( i) The LESSEE has agreed to pay to the LESSOR an Interest free Security Deposit of ₹ 62,59,400/- (Rupees Sixty Two Lakhs Fifty Nine Thousand and Four Hundred Only) being ten months rent, as follows:- a. ₹ 40,00,000/- (Rupees Forty Lakhs Only) at the time of execution of this agreement vide RTGS through Axis Bank Ltd. UTR No. UTI30000248 SET 1 STP 12557/43318662 b. Balance of ₹ 22,59,400/- (Rupees Twenty Two Lakhs Fifty Nine Thousand Four Hundred Only) on or before 15th December, 2012. ( ii) The Lessor shall refund the Interest Free Refundable Security Deposit to the Lessee on the expiration or earlier t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , Sulaiman Zackria Avenue, Casa Major Road, Egmore, Chennai 600 008. hereinafter referred to as the LESSOR (which expressions shall unless be repugnant to the context or meaning thereof deem to mean and include his representatives, administrators, nominees, assigns and Successors-in-title) of the ONE PART : AND Black N Green Mobile Solutions Pvt. Ltd., a company registered under the Companies Act of 1956 operating from Gee Gee Universal 2, Mc. Nichols Road, Chetpet, Chennai 600 031 and represented herein by its director, Mr. Karthik Shankar as authorised by the board resolution dated 8th April, 2011. Herein after referred to as the LESSEE Of the OTHER PART: Wherever the context so requires in the agreement the singular shall mean and include the plural and the masculine gender shall mean and include the feminine gender and references to the individual shall also wherever the context so requires mean and include other legal entities. The LESSOR and the LESSEE if admitted in the context are individually referred to as Party and collectively as Parties Whereas the LESSOR has agreed to grant by way of Lease ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... solvency Resolution Process against the sub-tenant / Corporate Debtor wherein principal sum of ₹ 28,04,553 along with 18% interest per annum has been shown towards lease rent for the period from 5th October, 2014 to 5th May, 2015. Mr. Mahesh Madhavan has shown to be Operational Creditor and M/s. Black N Green Mobile Solutions Pvt. Ltd. as Corporate Debtor. 7. From the admitted fact, we find that Mr. Mahesh Madhavan (Operational Creditor) had not entered into any agreement with M/s. Black N. Green Mobile Solutions Pvt. Ltd. (Corporate Debtor). The Agreement dated 3rd December, 2012 was reached between Mr. Mahesh Madhavan (Operational Creditor) with one M/s. Universal Power Systems Pvt. Ltd. and not with the Corporate Debtor in question. M/s. Black N. Green Mobile Solutions Pvt. Ltd. (Corporate Debtor) is not in the occupation of the premises on the basis of aforesaid agreement dated 3rd December, 2012. A separate lease dated 27th March, 2015 was entered into between Mrs. Kaneez Fathima Khader and four others (Lessor) and M/s. Black N. Green Mobile Solutions Pvt. Ltd. (Lessee). Merely because sub-tenant is occupying the premises does not mean of landlord ..... X X X X Extracts X X X X X X X X Extracts X X X X
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