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TMI Blog2020 (5) TMI 272X X X X Extracts X X X X X X X X Extracts X X X X ..... uted fact that the land on which the resolution professional/corporate debtor currently has his possession on, belongs to the applicant herein. Keeping in mind that the applicant is being deprived from his right of using the land that owns is patently illegal and wrong, therefore cannot be allowed. It is trite law that this Tribunal has been provided with vast powers under section 60(5) of the Code. Therefore, based on the above this Bench is of the view that the actions or rather inaction on the part of the resolution professional in not taking a decision with respect to the claim of the applicant is an abuse of the powers given to him under the Code and contrary to justice and public policy. His actions are nothing more but an abuse of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Ltd., being represented by the resolution professional (hereinafter called the corporate debtor ). The said resolution professional was appointed by the order of this hon'ble Tribunal dated March 29, 2019 which was passed in view of the petition filed by BMW India Financial Services P. Ltd. (hereinafter called petitioner ) under section 7 of the Insolvency and Bankruptcy Code, 2016 against the corporate debtor. Facts of the case 2. The applicant submits that the corporate debtor in June 2015 had approached him to occupy the premises owned by the applicant. Accordingly, the parties entered into a leave and licence agreement dated August 7, 2015 based on the agreement it was decided that a licence fee was due and payable on or bef ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t prayed the court for vacating the premises and for possession, recovery of arrears of monthly licence fees valuing ₹ 1,08,44,655. 7. A petition against the said corporate debtor was filed and the same was admitted on March 29, 2019 by an order of this Tribunal. Therefore, due to aforesaid order the moratorium was declared in accordance with section 14 of the Code and the suit between the applicant and the corporate debtor came on a stand still. 8. The applicant filed his claim before the resolution professional as per the provisions of the Code. The applicant filed his claims in Form B under regulation 7 of the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ly licence fee by raising tax invoices but the same have not been declared and uploaded on the GST Portal. The applicant also claimed interest on outstanding licence fee when it is stated by the respondent that there is no provision in the agreement for the same. (c) It is also argued that the said application is not maintainable since the resolution professional has not yet decided on the claim of the applicant and the same is under consideration as it is pending for clarification and substantiation from the applicant. 11. The applicant has after this filed their rejoinder and written statement, wherein they have denied all the allegations of the respondent and argued that there is no clause in the agreement with regard to adjustment ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r rather inaction on the part of the resolution professional in not taking a decision with respect to the claim of the applicant is an abuse of the powers given to him under the Code and contrary to justice and public policy. His actions are nothing more but an abuse of his dominant position. 16. Furthermore, the arguments raised by counsel representing resolution professional cannot be at all considered since the applicants has complete right over the possession of his land and his dues, hence we are of the view that since the resolution professional seems to have been sitting over the claim of the applicant for a long time and this cannot be allowed since the same would cause heavy prejudice to the applicant and defeat the purpose of t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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