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2019 (4) TMI 939 - Tri - Insolvency and BankruptcyInitiation of Corporate Insolvency Resolution Process - Operational Creditor - Operational Debt - section 9 of the I & B Code - Held that:- Arrears of rent arising out of the Agreement to licensee no where exclude from its purview - the objection that the claim of the applicant is not an operational debt is not sustainable under the provisions of the Code and is found devoid of any merit. Admittedly, the agreement for license has been executed on 1st day of January 2016 and the letter dated 04.09.2017 i.e. Annexure-A shows that they have not obtained legal permission to rent out the premises from the Urban Development Department and they have proposed to rent out the space limited to 1665 Sqft. carpet area and not 2281 Sqft. of super built up area. No valid explanation forthcoming as to why there is a difference in the reduction of sq. ft. in the letter for permission sent by the applicant to the authority which would have send before leasing out the premises to the respondent. It is an indication that there was a deliberation in between the applicant and the respondent in respect of the area in use by the respondent. It is a circumstance strengthening that there was a mutual understanding for reduction of the area in use by the respondent. The respondent being established per-existing dispute comes under Section 5(6) of the Code, an application of this nature is not found maintainable - this petition is liable to be rejected.
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