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Judgment
ORDER
06.02.2023: Heard Learned Counsel for the parties.
This appeal has been filed against the order dated 22.04.2022 passed by the Adjudicating Authority in I.A. No. 42/ND/2021 which was filed by the landlord, the Appellant before us was seeking a direction for payment of outstanding rent. The Adjudicating Authority in the order noticed the statement of IRP that they have already decided to vacate the second floor (wrongly mentioned as ground floor) in the order.
We have noticed in our order dated 05.12.2022 that payment of Rs. 10 lakhs have been made by RP towards outstanding rent and they have also submitted that they will hand over the possession of second floor on 8th December as submitted by Learned Counsel for RP.
Learned Counsel for Appellant submits that there are still outstanding rent which have not been paid.
Learned Counsel for RP submits that looking to the funds received from the Corporate Debtor, the necessary payments are being made as permissible in accordance with law.
He, however, submits that any amount of the outstanding rent can be claimed as CIRP dues which shall be payable as per CIRP Regulations, 2016.
In view of the facts and circumstances of the case, we are of the view that no useful purpose can be served in keeping this appeal pending, the Appellant is at liberty to claim outstanding rent as CIRP due which shall be considered in accordance with CIRP Regulations, 2016.
With these observations, the appeal is disposed of.