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TMI Blog2022 (4) TMI 938X X X X Extracts X X X X X X X X Extracts X X X X ..... Sathiyanarayanan, Advocate appears for the RP/R1 through video conferencing platform. 3. This Application is filed against the RP and another Company. The RP submits that the sister Concern of the Corporate Debtor under CIRP process is holding the premises of the Applicant. Learned Counsel for the Applicant is seeking to return the physical possession of the property of the Applicant along with the payment of rental dues. 4. Learned Counsel for the Applicant submits that lease deed dated 06.04.2019 was entered between the Applicant herein and the R2 which is allegedly sister Concern of the Corporate Debtor. 5. Thereafter, R1, the Corporate Debtor was admitted into the CIR process by order dated 14.02.2020 in IBA/267/2019 and one Mr. Pal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sion of the property. 10. Learned Counsel for the Applicant states that an order may be given to the RP as he is suffering as a landlord. It is surprising that the Applicant herein has a lease deed with the R2. R2 is not the Corporate Debtor under the CIRP. Considering the fact, it is unfortunate why that the Applicant knocking the door of this Tribunal seeking justice. Furthermore, we fail to understand that why till date the Applicant has not taken any action for recovery of the rent nor for receiving the action under Rent Control Act. No action has been taken by the Applicant under any other Law. For time being, he should exercise his power under the right of lease deed. Learned Counsel for the Applicant states that no amount has been p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 6/-. 14. It appears that dues of all employees were of the Corporate Debtor and their dues are paid to the statutory authorities. It is surprising to note that the employees and the workmen whose claim for PF and ESIC runs about lakhs and crores of rupees have not submitted any claim with the RP. 15. Learned Counsel for the Applicant submits during the course of hearing that the amount due is also payable to the GST authorities. 16. The RP shall file a detailed affidavit of all the work done by the RP in respect of the Corporate Debtor. At the same time, we also direct the CoC to pay the amount to the RP within ten working days as sought in IA/567/CHE/2021. 17. The RP has made the claim to the CoC towards the CIRP cost. It is unfortunat ..... X X X X Extracts X X X X X X X X Extracts X X X X
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