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Tribunals and CommissionsDivision Bench(2022) 07 NCLT CK 0480

LVS Properties LLP vs Imeco Limited through IRP

National Company Law Tribunal, Kolkata Bench · Decided on 15 July 2022

HON’BLE JUDGES
Rohit Kapoor, Member (Judicial) · Harish Chander Suri, Member (Technical)
CASE NUMBER
MA (IBC)/1(KB) 2022 in C.P. (IB)/892(KB) 2019

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Judgment

13 paragraphs · 384 words

O R D E R

Per: Rohit Kapoor, Member (Judicial)

1.

The court convened through hybrid mode. 2. The instant application has been filed under Rule 11 of National Company Law Tribunal Rules 2016, seeking direction for the IRP to vacate the tenanted property and handed over to applicant and also directing IRP to include the claim of applicant on account of enhanced rent plus municipal taxes.

3.

In view of rejection of its claims by the Resolution Professional on 1st of September, 2021 the rejection was conveyed to the applicant by the Resolution Professional through letter dated 1st of September, 2021 which is annexed as Annexure- F with this application.

4.

We have perused the contents of letter dated 1st of September, 2021. As is reflected from the contents of this letter of the Resolution Professional, the claim of rent payable at the rate at which the rent was paid by the Corporate Debtor before the commencement of CIRP has been admitted.

5.

It is also seen from this communication, the Corporate Debtor in addition to this, the applicant had not submitted any agreement or related document regarding the payment of taxes etc. within the period of submission of claims before the Resolution Professional.

6.

We also see the Resolution Plan was approved by the CoC on 15th of February, 2022 and this application has been filed on 29th of March, 2022 i.e. after the approval of the Resolution Plan.

7.

Seeking ejectment has been filed and pending before Learned Small Causes Court at Calcutta. Reference to this Civil Suit has been made in this application in para II and III.

8.

Having regard to the averments contained in this application and the position of law, we are of the view;-

a. This application is not maintainable in view of the fact that the applicant did not furnish the claim of its municipal taxes within the time before the Resolution Professional.

b. The claim of enhanced rent cannot be determined by this Adjudicating Authority in its summary jurisdiction. A civil suit for seeking ejectment is already pending before the competent court of jurisdiction.

9.

For the foregoing application, this instant application is hereby rejected.

10.

Urgent certified copy of this order, if applied for, be supplied subject to compliance with all requisite formalities.