Tribunals and CommissionsDivision Bench(2022) 10 NCLAT CK 0056

Gajesh Labhchand Jain vs Pagariya Auto Pvt. Ltd

National Company Law Appellate Tribunal · Decided on 31 October 2022

HON’BLE JUDGES
Ashok Bhushan, Chairperson · Barun Mitra, Member (T)
RESULT
Disposed Of
CASE NUMBER
Company Appeal (AT) (Ins.) No. 1111 Of 2022

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Judgment

9 paragraphs · 242 words
1.

Heard Learned Counsel for the parties.

2.

This appeal has been filed against the order dated 26.07.2022 passed by the Adjudicating Authority in I.A. No. 1723 of 2022. I.A. was filed by the Respondent in the capacity of the owner of the lease premises seeking arrears of rental payments and further vacation of the premises.

3.

Adjudicating Authority has passed an order directing for submission of claim before the Liquidator within a week and further directed handing over of the physical possession.

4.

The Liquidator aggrieved by the said order has come up with this appeal.

5.

Learned Counsel for the Liquidator submits that the Corporate Debtor was running a gym in the premises, however, he submits that he is ready to vacate the premises provided his equipment’s are kept at some place in the same building by the owner and allow the access to the equipment’s as and when required.

6.

Learned Counsel appearing for the Respondent submits that Respondent shall keep the goods at some place in the same building and the Liquidator may move his equipment’s within two weeks from today.

7.

In view of the aforesaid we dispose of this appeal with direction to the Liquidator to vacate the premises within two weeks from today subject to the respondent providing the place for keeping the equipment’s in the same building.

8.

The equipment shall be kept in lock and key.

9.

The appeal is disposed of accordingly.