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2020 (11) TMI 1022 - Tri - Insolvency and BankruptcySeeking order directing the resolution professional to arrange to hand over vacant possession of the leased out premises to the applicant - direction for payment of the lease rental payment from the month of August, 2019 till the period when the properties under lease to the corporate debtor are handed over to the applicant - HELD THAT:- The respondent/IRP in the present case, has admitted the claim of the applicant towards the rental arrears for the period from April 1, 2014 till August 1, 2019 to the tune of ₹ 66,79,260. The applicant in the present application is seeking a direction from this Tribunal to direct the respondent to pay the rent for the CIRP period, during which the respondent is in possession of the premises. Learned counsel for the respondent tried to put forth an argument that the lease deed was not renewed and as such they are not liable to pay any rent to the applicant. The said argument of learned counsel for the respondent is not sustainable in view of the fact that the respondent herself has admitted the claim of the applicant to the tune of ₹ 66,79,260 for the period from April 1, 2014 till August 1, 2019 by relying on the same lease agreement entered into between the parties and as such for the purpose of defeating the claim of the applicant, the respondent cannot take a different stand. Thus the respondent cannot approbate and reprobate at the same time in relation to the said issue. The corporate debtor itself has not paid the rental dues to the applicant since the month of June 2014. Even though the corporate debtor has not paid the rent from the month of June 2014, the respondent herself, as already stated, has admitted the rental arrears to the tune of ₹ 66,79,260 for the period from April 1, 2014 till August 1, 2019 and hence non-payment of the rent by the corporate debtor for the period from June 2014 would not absolve the respondent/RP to pay the rent for the CIRP period - this Tribunal is unable to comprehend as to how the respondent/RP who is in possession of the premises is not willing to pay the rent during the CIRP period. The respondent/RP shall vacate and hand over the vacant possession of the land and building at Chennivakkam Village, Ponneri Taluk, Tiruvallur District, to the applicant within 30 days starting from November 5, 2020 - Application disposed off.
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