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2018 (6) TMI 973 - AT - Insolvency and BankruptcyCorporate insolvency process - whether appeal under Section 9 of the I & B Code was not maintainable against the second respondent, who was not the lessee or tenant of the Mahesh Madhavan (Operational Creditor)? - Held that:- Mr. Mahesh Madhavan’ (Operational Creditor) had not entered into any agreement with ‘M/s. Black N. Green Mobile Solutions Pvt. Ltd.’ (Corporate Debtor). The Agreement dated 3rd December, 2012 was reached between ‘Mr. Mahesh Madhavan’ (Operational Creditor) with one ‘M/s. Universal Power Systems Pvt. Ltd.’ and not with the Corporate Debtor in question. ‘M/s. Black N. Green Mobile Solutions Pvt. Ltd.’ (Corporate Debtor) is not in the occupation of the premises on the basis of aforesaid agreement dated 3rd December, 2012. A separate lease dated 27th March, 2015 was entered into between Mrs. Kaneez Fathima Khader and four others (Lessor) and M/s. Black N. Green Mobile Solutions Pvt. Ltd. (Lessee). Merely because ‘sub-tenant’ is occupying the premises does not mean of landlord tenant that Mr. Mahesh Madhavan is ‘Operational Creditor’ of M/s. Black N. Green Mobile Solutions Pvt. Ltd.. Sub-tenant has no liability to pay the rent to the original owner of the premises, but to the tenant with which it has executed the agreement. If part of the payment was made directly by the ‘sub-tenant’ to Mr. Mahesh Madhavan (Operational Creditor) it will not create the relationship of ‘Operational Creditor’ and the ‘Corporate Debtor’ between the aforesaid two persons. The Adjudicating Authority having failed to notice the aforesaid fact wrongly admitted the application and in absence of any relationship between ‘Mr. Mahesh Madhavan’ (Operational Creditor) and ‘M/s. Black N. Green Mobile Solutions Pvt. Ltd.’ as Corporate Debtor, the petition under Section 9 was not maintainable and was fit to be rejected.
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