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2021 (6) TMI 699 - Tri - Insolvency and BankruptcySeeking direction to the Respondent to handover the vacant possession of a unit of the Corporate Debtor - seeking alternatively to permit the Applicant to take available recourse by filing a suit - denial to vacate the premises - violation of leave and license agreement - HELD THAT:- It is not in dispute that the Respondent has been a tenant in respect of the shop room in the Mall. The Respondent himself had terminated the lease under his email dated 13.07.2020. However, he continued to occupy the premises on the ground that he was not allowed to remove his belongings from the shop room. It is alleged by the Respondent that the terms and conditions of the leave and license agreement dated 03.10.2012 have also been violated by the Mall management and by the Applicant. The detailed appraisal of the terms and conditions of the lease and their ramifications including application of the force majeure clause would require an incisive judicial enquiry. It would not be possible for this Authority to go there into by in a summary proceeding as the present one - Since the Corporate Debtor is under CIRP, it would also be not appropriate for the Respondent to continue in the lease premises. His continuance in the shop would thwart the resolution process and would frustrate the object of the Code. It would accordingly be appropriate to direct the Respondent to handover the vacant possession of the shop room to the Applicant. The Applicant may approach the appropriate judicial forum for realisation of the outstanding rent - Respondent is directed to handover vacant possession of the shop room to the Applicant (or his successor in office) and to remove his belongings therefrom forthwith - Application allowed in part.
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