9911796707
TMI Blog2023 (12) TMI 610X X X X Extracts X X X X X X X X Extracts X X X X ..... order dated 11.10.2023 by which the Adjudicating Authority had decided I.A. No. 861 of 2022. The Appellant, who claim to be land lord of the premises which is in occupation of the Corporate Debtor has filed application I.A. No. 861 of 2022 praying for following reliefs : "V. RELIEFS SOUGHT In view of the facts mentioned above, the Applicant respectfully Prays for the following reliefs: A. This Hon'ble Tribunal may be pleased to direct the Resolution Professional of RCIL to forthwith vacate the Premises bearing private no. 27, a part of Municipal Corporation House No. 100 admeasuring 34,375 sq. ft. situated at Baghpat Road, Maliyana, Meerut - 250002 (U.P.) and handover Peaceful Possession of the same to the Applicant. B. This Hon ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o its original condition as CIRP costs and make payment of the same to the Applicant with immediate effect. G. Pending the final hearing and disposal of this Application, this Hon'ble Tribunal may be pleased to direct the RP to carry out joint inspection of the Premises with the Applicant to ascertain the extent of damage suffered by the Premises on account of its continuous non-use for a period of more than two years. H. For interim/ad-interim reliefs in terms of prayer clauses (A) - (G). I. For such other reliefs as this Hon'ble Tribunal may deem fit in the facts and circumstances of the present Case. J. For Costs." 2. The Adjudicating Authority by the impugned order has accepted the claim of rent of Rs.1,09,448/- per mon ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... were received. 5. We have considered the submission of the parties and perused the record. 6. In so far as the fixation of rent amount at Rs.1,09,448/- per month with 5% increase, it was decided in terms of the agreement and we see no ground to interfere with the said decision and the claim of the amount of Rs.1,71,875/- on the basis of the market value of the premises in question, the Corporate Debtor being in CIRP and the Corporate Debtor continuing being in occupation of the premises, the direction of the Adjudicating Authority to determine the rent as per the Agreement cannot be faulted. We, however, of the view that due to mere fact that no invoices were issued by the Appellant after April, 2018, the claim could not have been reduce ..... X X X X Extracts X X X X X X X X Extracts X X X X
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