9911796707
TMI Blog2020 (11) TMI 1022X X X X Extracts X X X X X X X X Extracts X X X X ..... ase, has admitted the claim of the applicant towards the rental arrears for the period from April 1, 2014 till August 1, 2019 to the tune of 66,79,260. The applicant in the present application is seeking a direction from this Tribunal to direct the respondent to pay the rent for the CIRP period, during which the respondent is in possession of the premises. Learned counsel for the respondent tried to put forth an argument that the lease deed was not renewed and as such they are not liable to pay any rent to the applicant. The said argument of learned counsel for the respondent is not sustainable in view of the fact that the respondent herself has admitted the claim of the applicant to the tune of 66,79,260 for the period from April 1, 2014 t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ptcy Code, 2016 seeking relief as follows : (i) To pass an order directing the resolution professional to arrange to hand over vacant possession of the leased out premises to the applicant herein, on an immediate basis. (ii) To pass an order directing the resolution professional to make payment of the lease rental payment at ₹ 1,61,700 per month from the month of August, 2019 till the period when the properties under lease to the corporate debtor are handed over to the applicant. (iii) To pass such further or other orders as deemed fit and necessary by the hon'ble Adjudicating Authority and thus render justice. 2. It is averred in the application that, based on an application filed by the applicant under section 9 of the IB ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to store his future paddy stock. 4. Learned counsel for the applicant submitted that post closure of the CIRP period as on January 26, 2020 the applicant is constrained to seek a direction from this Tribunal to be given to the resolution professional to arrange to vacate and hand over the leased out premises to the applicant on an immediate basis, considering the requirement of godown space to store the paddy to be harvested and also sought for a direction to be passed in relation to the rentals to be paid from the month of August 2019 till the period when the properties under lease to the corporate debtor are handed over to the applicant. 5. The respondent has filed counter and has, inter alia, stated as follows : (i) That the corpora ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed before the liquidation order passed as per provision of section 14(1)(6) of the IBC, 2016 and as such the respondent has filed an application for liquidation of the corporate debtor, which is pending adjudication before this Tribunal. (viii) It is stated that the applicant has no valid tenancy agreement covering the period starting from June, 2014 as the last agreement entered in the year 2013 was not renewed further and as such the applicant is not entitled to claim amounts of ₹ 1,61,700 per month under the said agreement. (ix) It is stated that the factory premises is being guarded by full time security comprising of two security guards and electricity has been provided for a minimum lighting for the safety of the premises th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed into between the parties and as such for the purpose of defeating the claim of the applicant, the respondent cannot take a different stand. Thus the respondent cannot approbate and reprobate at the same time in relation to the said issue. 8. Further, learned counsel for the respondent also relied on the fact that the corporate debtor itself has not paid the rental dues to the applicant since the month of June 2014. Even though the corporate debtor has not paid the rent from the month of June 2014, the respondent herself, as already stated, has admitted the rental arrears to the tune of ₹ 66,79,260 for the period from April 1, 2014 till August 1, 2019 and hence non-payment of the rent by the corporate debtor for the period from Jun ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
