9911796707
TMI Blog2022 (12) TMI 1059X X X X Extracts X X X X X X X X Extracts X X X X ..... tively, upon calculation of the CIRP period directed the Respondent to pay all the leased rental dues of Rs.2,82,63,305/- as on 28.02.2022 to the Appellant forthwith. Considering the fact, that a Lease, more than 12 months has to be registered in the manner known to Law and in accordance with Law and an unregistered Lease / Documents cannot be looked into by a Court of Law / Tribunal even for a collateral purpose, this Tribunal comes to a resultant conclusion that the Adjudicating Authority (Tribunal) had in the impugned order had mentioned that Dr. A.M. Arun had already paid the amount towards the Lease Rental and came to the right conclusion that IA/434(CHE)/2022 in CA/1/IB/2017 is not maintainable but had directed the Resolution Profe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... referring the instant Comp. App. (AT)(CH)(Ins) No.429/2022. To be noted that, as per Section 61 (2) of the Insolvency Bankruptcy Code, 2016, Every Appeal is to be filed within 30 Days , before the National Company Law Tribunal , from the date of the Order , being passed by the Adjudicating Authority , (Tribunal). Further, as per Section 61 (2) of the I B Code, 2016, the Appellate Tribunal is bestowed with the right of condoning the delay of preferring an Appeal (after the expiry of 30 Days ) by not exceeding 15 days , ofcourse, if it is satisfied that there was a Sufficient Cause , for not preferring an Appeal . In the instant Case, Comp. App. (AT)(CH)(Ins) No.429/2022 was filed, admittedly, with a delay of 12 Days ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2) Directing the Respondent to make payment of the Lease Rental and dues of Rs.2,82,63,405/- (Rupees two crores eighty two lakhs sixty three thousand four hundred and five only) (as set in para 9) as on 28.02.2022 to the Applicant forthwith. 3) Such further or other orders based on the facts and circumstances as the Hon ble NCLT shall deem fit, in the interest of justice and equity. The substratum of this Application is a lease agreement at Annexure 3 4, the lease deed dated 16.01.2007 and supplementary lease agreement dated 21.07.2009 both for a period of 15 years. Admittedly none of the lease deed was registered. Therefore there is a violation of law. Be that as it may the Applicant has enjoyed the benefit of the period ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and the enhanced rent shall be increased by 5% on an annual basis. It is projected on the side of the Appellant that Dr. A.M. Arun was the Corporate Debtor had paid only a sum of Rs.1,75,000/- and directed to pay the increased rent of Rs.2,25,000/- from 28.07.2010. As against the Corporate Debtor, the Corporate Insolvency Resolution Process (CIRP) was initiated in CA/1/IB/2017 by the Adjudicating Authority ( Tribunal ) and the same was stayed by the Hon ble Supreme Court of India on 04.05.2017 and on 05.09.2019, the Stay was effected and the CIRP , was directed to be revived. The clear cut stand of the Appellant is that, he had submitted Form B on 14.10.2019, with a view to claim the payment of rental arrears , of Rs. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eal No.8361 of 2016 (arising out of SLP No.24486 of 2014) wherein at Paragraph 11, it is observed as under:- It is also a well settled position of law that in the absence of a registered instrument, the courts are not precluded from determining the factum of tenancy from the other evidence on record as well as the conduct of the parties. A three Judge bench of this Court in the case of Anthony v. KC Ittoop Sons4, held as under: A lease of immovable property is defined in Section 105 of the TP Act. A transfer of a right to enjoy a property in consideration of a price paid or promised to be rendered periodically or on specified occasions is the basic fabric for a valid lease. The provision says that such a transfer can be made ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on registration of the document had caused only two consequences. One is that no lease exceeding one year was created. Second is that the instrument became useless so far as creation of the lease is concerned. Nonetheless the presumption that a lease not exceeding one year stood created by conduct of parties remains un-rebutted. (emphasis laid by this Court) Thus, in the absence of registration of a document, what is deemed to be created is a month to month tenancy, the termination of which is governed by Section 106 of the Act. Despite the fact that the Hon ble Learned Counsel for the Appellant has relied upon the aforesaid Supreme Court Judgment , this Tribunal , on going through the impugned order in IA/434(CHE)/2022 in CA/1/IB ..... X X X X Extracts X X X X X X X X Extracts X X X X
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