TMI Blog2021 (3) TMI 774X X X X Extracts X X X X X X X X Extracts X X X X ..... urity amount without payment of any further license fee during the period of occupation. In view of this the Respondent was not required to hand over the possession till the security deposit was refunded and also need not to pay any license fee for the premises from 1st June, 2019. The Applicant even though made elaborate pleadings, the letter dated 17/08/2019 written by the Respondent to the Applicant, was not enclosed to the Application (furnished in the reply). This letter makes it abundantly clear that the Respondent did not require the premises during the CIRP and the Applicant s insistence on the factor that the RP could utilise the premise for CIRP may not be helpful to the Applicant in aid of this Application - Applicant is not entitled to any payment with respect to the licence fee after 31st May, 2019. Since the security deposit is with the Applicant to ensure the payment of licence fee, the Applicant shall refund the security deposit to the Respondent after deducting the licence fee payable from 1st March 2019 to 31st May 2019 - application disposed off. - I. A. No. 453/MB/2020 in C.P. (IB) No. 2205/MB/2019 - - - Dated:- 18-3-2021 - Janab Mohammed Ajmal, Hon ble ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... low. i) We write pursuant to instructions from, and on behalf of our client Mack Star Marketing Private Limited (Our Client). ii) We refer to our letter dated 28 February, 2019 (Our Letter) pursuant to which Our Client had requested that you deposit license fees in connection with the office space used by you in Kaledonia , Andheri (Kaledonia), to Our Client s account in ICICI Bank. iii) Our Client notes that despite this request being shared with you almost two months ago, you have not yet deposited such amount in the ICICI Bank Account. Our Client is hereby giving you an opportunity to cure the breach of your obligations by depositing the payments in the ICICI Bank Account within 30 days of this letter. If this is not done, Our Client will have the right to terminate the leave and license agreement and you will be required to immediately vacate all the office space (together within any common and parking area) occupied by you in Kaledonia. iv) Please note that Mr. Sumit Ranjan Saha, director of Mack Star (i.e. Our Client), is the sole authorized representative of Mack Star, authorized to negotiate, deal on behalf of, and represent Mack Star in relation to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion of Insolvency Resolution Process costs enshrined in Section 5(13)(c) of the IBC (such costs, the IRP Costs) 7. Your conduct of continued acceptance of services under the service agreements for running an office of Jet Airways without any demur also indicates that you have accepted that the consideration for such services shall form a part of the IRP Costs. 8. In light of the foregoing, we request you, on behalf of Jet Airways, to confirm to us on or prior to 15 January 2019, that the monthly fees payable to Mack Star (along with the administrative fee prescribed for processing delayed payments) for the Relevant period shall: (a) form a part of the IRP Costs and attain priority over payments to any other creditor of Jet Airways; and (b) be paid once the proceeds under the resolution plan or under the liquidation process are distributed in terms of the IBC . e) The Respondent did not respond to the above letter. Hence it is submitted that the license fee and amenities charges for the CIRP period should be treated as CIRP costs as contemplated under Section 5(13)(c) of the Code. Since the Respondent availed the services without any demur and in defiance of the Ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s agreement, it is agreed that the following shall be treated as Events of Default whereby the licensor shall be entitled, though not obliged to, pre determine/terminate this agreement, at any time during the term of this agreement: [...] If the licensee defaults in and or delays payment of any amount on due dates payable under this agreement, save and except the events of default set out in sub clauses 19.3 and 19.4 above, the licensor shall for the purposes of pre-determining and terminating this agreement give a notice requiring the licensee to rectify and/or comply with the requirements of the notice within 30 (thirty) days of the receipt of such notice and in the event of licensee having failed to rectify or comply with the same within the said notice period, this agreement shall stand pre-determined / terminated without any further notice. b) Clause 21 of the Leave and License agreement provides as below: [...] 21.3. In the event the licensor does not refund the security deposit (less deductions as set out in clause 21.2 hereinabove), the licensee shall be entitled to continue to occupy the licensed premises until receipt of the entire security de ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... P.P. Dias Compound, Natwar Nagar, Road No. 1, Jogeshwari East, Mumbai 400 060 Dear Sir, Sub: Refund of Security Deposit given by Jet Airways (India) Ltd for the use of Licensed premises at Kaledonia, Village Vile Parle, Andheri Sahar Road, Andheri (East), Mumbai. 1. I am writing to you in the capacity of the Resolution Professional of Jet Airways (India) Limited hereinafter called as the Company. 2. I wish to inform you that the Company is currently undergoing Corporate Insolvency Resolution Process (CIRP) under the Insolvency and Bankruptcy Code ( Code ) as directed vide order dated 20 June 2019 (Order attached as Annexure A ) of the Hon ble National Company Law Tribunal at Mumbai ( NCLT ). Pursuant to this order, I have been appointed as the Interim Resolution Professional of the Company and subsequently appointed as the Resolution Professional by the Committee of Creditors at the first meeting of the Committee Creditors held on 16th July 2019. 3. Section 25(1) requires the Resolution Professional to preserve and protect the assets of the Corporate Debtor, including the continued business operations of the Corporate Debtor. In ord ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ises by 31/12/2019, disregarding the consequences of its own notice. 14. It is submitted that since the agreements stood terminated on account of notice, the question of utilizing the premises of the Corporate Debtor during the CIRP does not arise. 15. The Respondent, on 29/01/2020 in response to the letter of the Applicant dated 05/01/2020 sent a letter stating that: (a) The agreement stood terminated. (b) The Applicant was to refund the security deposit which it was refusing to do despite communication on going with the Respondent s team (c) The Corporate Debtor was under no obligation to continue the agreement with the Applicant (d) There were no dues for the Applicant since the termination of the agreement. All debts due prior to the Admission Order could be claimed by filing a proof of claim. 16. Upon going through the pleadings and on hearing the counsel from either side the following are the observations of this Bench. (a) The Advocate s notice dated 30/04/2019 issued by the Applicant addressed to the Corporate Debtor is an eviction notice wherein it was stated that the Corporate Debtor was called upon to deposit the licence fee for the premises and i ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
