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TMI Blog2019 (1) TMI 1709X X X X Extracts X X X X X X X X Extracts X X X X ..... or not. Though the Corporate Debtor say so, there is no documentary proof filed to that effect. In the absence of any documentary proof about accepting the moratorium. the submissions of the Corporate Debtor are to fail. It is deemed that the Corporate Debtor has failed in making payment of rents as no substantial document is placed on record to show the existence of moratorium between the parties regarding the Rent, therefore, the Petition is admitted. Petition admitted - moratorium declared. - CP(IB) NO. 134/09 (HYD.) OF 2018 - - - Dated:- 21-1-2019 - K. Anantha Padmanabha Swamy, Judicial Member Rahul Asoorya and K. Rajendran, Advs. for the Petitioner. B. Mukesh and L. Venkateswar Rao, Advs. for the Respondent. O ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The rent payable for the period from July 2011 to June 2017 is ₹ 85,67,290/- and the Corporate Debtor started making part payments from July 2011 until December, 2016 totalling to ₹ 49,96,728/- after deduction of ₹ 5,55,192/- as TDS. Therefore the aggregate credit to the Corporate Debtor's account was ₹ 55,51,920/-. The Corporate Debtor stopped making payment from January, 2017 when part payments were made, the same were adjusted for rental dues. The due from the Corporate Debtor at the end of June 2017 stood at ₹ 30,15,370/-. The Petitioner issued a legal notice on 15.06.2017 to handover the property back to the Petitioners and as the Corporate Debtor failed to vacate the property, a simple eviction suit w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 7. Heard both the parties and perused the documents. 8. It is on record that the Corporate Debtor has taken the property of the Petitioners for rent and they were making payments towards rent up to June 2017. According to the Petitioners, the Corporate Debtor failed to pay the rent from July 2016 and whatever the payments made in part was appropriated towards rent dues. The main issue in the matter is as to whether the Petitioners accepted a moratorium for 6 year or not. Though the Corporate Debtor say so, there is no documentary proof filed to that effect. In the absence of any documentary proof about accepting the moratorium. the submissions of the Corporate Debtor are to fail. It is deemed that the Corporate Debtor has failed in mak ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a) The institution of suits or continuation o of pending suits or proceedings against the corporate debtor including execution of any judgment, decree or order in any court of law, tribunal, arbitration panel or other authority; (b) Transferring, encumbering, alienating or disposing of by the corporate debtor any of its assets or any legal right or beneficial interest therein; (c) Any action to foreclose, recover or enforce any security interest created by the corporate debtor in respect of its property including any action under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (54 of 2002); (d) The recovery of any property by an owner or lessor where such property is occup ..... X X X X Extracts X X X X X X X X Extracts X X X X
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