9911796707
TMI Blog2021 (6) TMI 699X X X X Extracts X X X X X X X X Extracts X X X X ..... room. It is alleged by the Respondent that the terms and conditions of the leave and license agreement dated 03.10.2012 have also been violated by the Mall management and by the Applicant. The detailed appraisal of the terms and conditions of the lease and their ramifications including application of the force majeure clause would require an incisive judicial enquiry. It would not be possible for this Authority to go there into by in a summary proceeding as the present one - Since the Corporate Debtor is under CIRP, it would also be not appropriate for the Respondent to continue in the lease premises. His continuance in the shop would thwart the resolution process and would frustrate the object of the Code. It would accordingly be appro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Corporate Debtor and appointed the Applicant as the Liquidator. b. The Corporate Debtor was the owner of a Mall namely Chhattisgarh City Centre Mall-cum-Multiplex, Pandri, Raipur (hereinafter referred to as the Mall) in the State of Chhattisgarh. The Respondent was the licensee in respect of a shop unit bearing No. 201 on the 2nd Floor of the Mall under Leave and License agreement dated 03.10.2012 on a monthly rent of ₹ 24,000/- revisable at 15% every three years and other necessary charges. c. The Agreement was due to expire on 02.10.2021. The Respondent didn't pay the rent regularly and as on November, 2020 the amount of ₹ 3,95,822/- was outstanding against him. The Notice dated 13.11.2020 of the Applicant we ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ated that the clause overrode all other clauses of the agreement. The Applicant attempted to resolve the dispute but to no avail. h. Since the notice dated 13.11.2020 went unheeded, the Applicant came up with the present Application seeking the following reliefs. a) Direct the Respondent to handover the vacant and peaceful possession of the said Unit to the Corporate Debtor, upon payment of pending dues as mentioned in paragraph 20 of the present Application; and b) In an alternative, permit the Applicant to take available legal recourse against the Respondent on behalf of the Corporate Debtor by filing a civil suit; and c) Such further and other reliefs as this Hon'ble Tribunal may deem fit and proper in the facts a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Respondent got in touch with the Mall Management for a viable solution regarding rent etc., in view of the pandemic. The offer by the Mall Management was quite low and the business by the Respondent was no longer economically viable. e) The Respondent accordingly invoked the force majeure clause and issued e-mail dated 13.07.2020. He owes rent of ₹ 39,769/- till 18.03.2020. Adjusted against the advance of ₹ 72,000/-, the Respondent is entitled to a refund of ₹ 32,231/-. Besides the Mall has retained the Respondent's goods at the shop illegally and it is liable to compensate the Respondent for the loss sustained thereby as well as the cost incurred by the Respondent for mobilisation of transport and labour for th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ation of the outstanding rent. We further feel that the realisation of the rent for the period of lockdown imposed in the area would be prejudicial. It would however be open to the appropriate judicial authority to consider the matter in the light of the effect of the pandemic on business establishments. Moreover when the Respondent did not do any business during the period. Hence ordered. ORDER The Application be and the same is allowed in part on contest. The Respondent is directed to handover vacant possession of the shop room to the Applicant (or his successor in office) and to remove his belongings therefrom forthwith. The Applicant (or his successor in office) may approach the appropriate judicial authority for realisation of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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