Home Case Index All Cases Insolvency and Bankruptcy Insolvency and Bankruptcy + AT Insolvency and Bankruptcy - 2022 (12) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2022 (12) TMI 1059 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL , CHENNAICondonation of delay in filing appeal - Sufficient Cause for not preferring an Appeal was provided or not - HELD THAT:- It comes to be known that the Leased Period of 15 years got expired on 16.01.2022 and the Corporate Debtor had lost his right to remain in possession of the property. But the Leased Premises was neither vacated nor the enhanced rent (which is outstanding) was paid to the Appellant till date - In the above background, the Appellant, had filed the application, seeking to direct the Respondent to vacate the Leased out premises immediately, in view of the expiry of lease, as on 16.01.2022. Alternatively, upon calculation of the CIRP period directed the Respondent to pay all the leased rental dues of Rs.2,82,63,305/- as on 28.02.2022 to the Appellant forthwith. Considering the fact, that a Lease, more than 12 months has to be registered in the manner known to Law and in accordance with Law and an unregistered Lease / Documents cannot be looked into by a Court of Law / Tribunal even for a collateral purpose, this Tribunal comes to a resultant conclusion that the Adjudicating Authority (Tribunal) had in the impugned order had mentioned that Dr. A.M. Arun had already paid the amount towards the Lease Rental and came to the right conclusion that IA/434(CHE)/2022 in CA/1/IB/2017 is not maintainable but had directed the Resolution Professional to pay the rent at Rs.2,25,000/- till the continuation of the ‘Corporate Insolvency Resolution Process’ (CIRP), which was agreed to be paid. Appeal dismissed. Application dismissed.
|