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TMI Blog2020 (11) TMI 675X X X X Extracts X X X X X X X X Extracts X X X X ..... maintenance of building and repairs and maintenance to machineries and equipment s, etc. till the date of returning possession. (in this connection GO(MS) No.21/2020 Disaster Management Department dated 25.06.2020 may be referred to). IV. that any amount that is spent by the applicant for using the Hospital cannot be claimed from the Respondent herein. V. the Applicant shall not allow the Promoters or their representatives to enter the Hospital premises or engage in the management of the Hospital during the period when the Applicant is utilising the property. VI. On receipt of the letter based on this Order, the Liquidator will immediately hand over the premises to the applicant District Collector, for a period of Two months (60 days). VII. The Applicant will return the premises to the Liquidator after expiry of two months (60 days) from the date of taking over the premises from the Liquidator, without any wear and tear and on as is where is basis. In case the purpose for which the premises taken by the applicant is not completed, the applicant District Collector is at liberty to approach this Bench for further orders. If no request for extension is received it would ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s spent by the applicant for using the Hospital cannot be claimed from the Respondent herein. (iv) the Applicant shall not allow the Promoters or their representatives to enter the Hospital premises or engage in the management of the Hospital during the period when the Applicant is utilising the property. (v) The Liquidator will hand over the premises to the applicant District Collector, immediately on receipt of this order. (vi) The Applicant will return the premises to the Liquidator within two months (60 days) from the date of taking over the premises from the Liquidator, without any wear and tear and on as is where is basis. In case the purpose for which the premises taken by the applicant is not completed, the applicant District Collector may approach before this Bench for further orders. (vii) The premises shall be used only for quarantine of NRIs under Covid 19 and that it should not be used for any other purpose, whatsoever. (viii) The premises shall be used only for quarantine of NRIs under Covid 19 and that it should not be used for any other purpose, whatsoever 4. The Applicant submitted that the State of Kerala has changed their policies ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ued a letter dated 21.07.2020 intimating the expiry of 60 days as granted by this Tribunal and that there is no response for the same. It is also averred that the applicant has filed this application only after the receipt of the notice ordered by this Tribunal on 11.09.2020. It is also stated that the applicant did not took custody of the Hospital. 9. It is also stated by the Respondent that apart from the above the applicant s proposal did not give any clear picture of as to how the following issues will be addressed by them: - Proposal for investment in reviving this unit Timeline of usage, i.e. for how much period. Proposal of settlement of wages of employees and their PF dues Employment of the workmen and employees Settlement to suppliers Compensation under Section 66 of the Disaster Management Act to the stakeholders 10. It is also stated that the Hospital is a private Hospital and the Liquidation proceedings is undergoing and pending revival of the Raihan Health Care Pvt Ltd. Therefore, the applicant has no locus standi to file this application to take the hospital for their services. 11. I have heard the learned Government ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... submitted that the applicant is ready to follow any conditions that may be ordered by this Tribunal, for using the Corporate Debtor premises as a Covid 19 hospital. The Hon ble High Court in the Case of Dr. S v Mohammed Haris and another V. The District Collector Kannur and others and Balamani and other V. The District Collector Kannur and others [WP (C). Nos. 12935 14222 of 2020] stated that:- 19. Disaster Management Laws are made keeping in mind the said societal good. Section 72 of the Act, 2005 therefore gives overriding effect to the provisions of the Act notwithstanding not only anything inconsistent therewith contained in any other law, but also anything contained in any instrument having effect by virtue of any law other than the Act. The Right to life under Article 21 and the Right to property under Article 300 A are subject to restrictions and can be curtailed in accordance with procedure established by law and by the authority of law, which in these cases are under the provisions of the Disaster Management Act, 2005 ... 14. In this connection it may be noted that the request of the applicant District Collector seems to be reasonable in view of the pandemic co ..... X X X X Extracts X X X X X X X X Extracts X X X X
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