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TMI Blog2022 (12) TMI 1059X X X X Extracts X X X X X X X X Extracts X X X X ..... arned Counsel for the 'Applicant' / 'Appellant' in IA No.1068/2022 in Comp. App. (AT)(CH)(Ins) No.429/2022, the impugned order passed by the 'Adjudicating Authority' (National Company Law Tribunal, Division Bench -I, Chennai) on 19.10.2022 in IA/434(CHE)/2022 in CA/1/IB/2017 and the same was uploaded on the 'Tribunal's' website on 31.10.2022, and, thereafter, the 'Applicant' / 'Appellant', had applied for a 'Certified Copy' of the said 'impugned order', and the same was received on 11.11.2022. It is further projected on the side of the 'Applicant' / 'Appellant' that he is a 'Senior Citizen', aged about 80 years, and there was a difficulty and delay in co-ordinating and obtaining his 'signatures' and in that process, there has occasioned a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... perspective, the 'Condonation of Delay', IA No.1068/2022 in Comp. App. (AT)(CH)(Ins) No.429/2022 is Allowed. No Costs. Company Appeal (AT)(CH)(Ins) No.429/2022 IANo.1069/2022 ORDER (Virtual Mode) Heard Ms. Aanchal Nichani, the Learned Counsel appearing for the 'Appellant'. The 'Adjudicating Authority', (Tribunal), while passing the impugned order in IA/434(CHE)/2022 in CA/1/IB/2017 had observed the following :- "The Application has been filed by the Applicant with the following reliefs 1) Directing the Respondents to forthwith handover vacant and peaceful possession of the leased-out Premises belonging to the Applicant immediately in view of expiry of the lease as on January 16, 2022. Alternatively, upon conclusion of CIRP period. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... round Floor and First Floor Originally) on a monthly rent for the purpose of establishing and running an 'eye clinic'. It is represented on behalf of the 'Appellant' that a 'Lease Deed' dated 16.01.2007 was entered into between the 'Appellant' and Dr. A.M. Arun for the period of '5 years' at a monthly rent of Rs.1,75,000/-, which was to be increased annually by 5%. According to the 'Appellant', the 2nd Floor was constructed on the premises for the eye clinic on the request of Dr. A.M. Arun, and in regard to that a 'Supplementary Lease Deed' was executed on 21.07.2009 and monthly rent was increased to Rs.50,000/- and the total monthly rent payable to the 'Appellant', was Rs.2,25,000/-, which was effective from 28.07.2010, and the enhanced ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .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. The 'Adjudicating Authority', ('Tribunal') had 'disposed of' the IA/434(CHE)/2022 in CA/1/IB/2017 observing that the said 'Interlocutory Application' is not maintainable, because of the fact that the 'Leased Deeds' were unregistered, and further directed the 'Respondent' to pay forthwith a total rent of Rs.2,25,000/- for the 'CIRP' period. The Learned Counsel for the 'Appellant' seeks in aid of the 'Judgment' of the Hon'ble Supreme Court of India in M/s. Park Street Properties (Pvt.) Ltd. V Dipak Kumar Singh & Anr. in Civil Appeal No.8361 of 2016 (arising o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... envisaged in the second paragraph of Section 107 which reads thus......... When lease is a transfer of a right to enjoy the property and such transfer can be made expressly or by implication, the mere fact that an unregistered instrument came into existence would not stand in the way of the court to determine whether there was in fact a lease otherwise than through such deed. .................. Taking a different view would be contrary to the reality when parties clearly intended to create a lease though the document which they executed had not gone into the processes of registration. That lacuna had affected the validity of the document, but what had happened between the parties in respect of the property became a reality. Non registration ..... X X X X Extracts X X X X X X X X Extracts X X X X
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