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2022 (1) TMI 264 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL , PRINCIPAL BENCH , NEW DELHISeeking permission to first Appellant to file a claim in respect of the unpaid rent as ‘Operational Creditor’ - seeking direction to the Resolution Professional to collate the claim and classify in terms of the Liquidation Mechanism under Section 33 of the Insolvency and Bankruptcy Code - HELD THAT:- The RP enjoys the right to take control and custody of all the assets and records of the ‘Corporate Debtor’ for the purpose of preserving and protecting the assets. The material on record shows that the RP responded to the claim forms submitted by the Appellants. Vide two letters dated 05.06.2020 and 30.08.2020 admitting part of their claims and informing that in the event, the verification of claims was not agreeable to them, they may take appropriate recourse under the provisions of the Code. In the claim forms, dated 04.11.2019, filed by the Appellants, no reference has been made regarding the deductions made from the Security Deposit or Maintenance Advance towards the outstanding dues. In the absence of any communication or initiation by the Appellants to the Respondents regarding adjustments made against the Security Deposit or the Maintenance Advance, it is evident that no such adjustments have been made by the Appellant. A perusal of the Maintenance Agreement shows that in the event of non-payment of Maintenance Charges by the Respondent, the only right that accrues upon the two Appellants is to disconnect/discontinue the electric supply to the premises. Further, the Respondent looses their right to use the common facility and services specified in the Maintenance Agreement. The Agreement does not empower the two Appellants with any right to deduct the Maintenance Advance on account of non-payment of Maintenance Charges. It is seen from the record that the RP prepared and submitted a comparative table of amounts and placed before the CoC, dues payable upto 15.09.2020. Having regard to the provisions of Section 14 of the Code, Regulations 13 and 14 of the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 and Section 25(2) which relates to duty of the RP regarding custody of the asset of the ‘Corporate Debtor’, the Adjudicating Authority has rightly examined the provisions of the Agreement between the parties in detail. However, in para 21 of the Impugned Order, the Learned Adjudicating Authority has observed, ‘Therefore, the Respondents are directed to file their claim before the RP for the unpaid rent from 25.03.2020 to 28.07.2020 and not beyond that’. Appeal allowed in part.
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