9911796707
TMI Blog2023 (12) TMI 610X X X X Extracts X X X X X X X X Extracts X X X X ..... stion, the Corporate Debtor being in CIRP and the Corporate Debtor continuing being in occupation of the premises, the direction of the Adjudicating Authority to determine the rent as per the Agreement cannot be faulted. Due to mere fact that no invoices were issued by the Appellant after April, 2018, the claim could not have been reduced, now the Adjudicating Authority has itself found the amount to Rs.1,09,448/- per month, the claim for the months in which Corporate Debtor was in occupation of the premises may be determined. In view of the order of the Adjudicating Authority the claim filed by the Appellant in Form B may be admitted by the Resolution Professional and the Resolution Professional shall modify the claim as per the directi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... wenty Three Thousand Six Hundred Forty Six Only) being the Pending License Fees due and payable to the Applicant from the CIRP Commencement Date up to 1 December 2021, as CIRP costs and make payment of the same to the Applicant with immediate effect. C. This Hon'ble Tribunal be pleased to direct the Resolution Professional to treat all future License Fees for the Promises as CIRP Costs and make Payment of the same on a timely basis, without any delay, till such time as the Premises are handed over to the Applicant. D. This Hon'ble Tribunal may be pleased to direct the Resolution Professional of RCIL to rectify the admitted Claim Amount of the Applicant to a Sum of 45,03,361/- (Rupees Forty-Five Lakhs Three Thousand Three H ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt challenging the order submits that the market rate of the premises is Rs.1,71,875/- and the Adjudicating Authority ought to have accepted the same. He has also referred to email communication from employee of the Corporate Debtor wherein amount claimed was admitted. Learned counsel for the Appellant further submits that the Appellant has also field claim in Form B for an amount of Rs.45,03,361/- which was not fully admitted by the Resolution Professional on the ground that no invoices have been received after April, 2018. Learned counsel for the Appellant submits that the agreement came to an end in April, 2018, hence, there was no question of issuing invoices thereafter and he has claimed amount as damages for occupation. 4. Learned ..... X X X X Extracts X X X X X X X X Extracts X X X X
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