https://www.taxtmi.com/caselaws?id=198153 Under the West Bengal Premises Tenancy Act, enhanced rent was not automatically recoverable merely because Section 17(4A) applied; enhancement required notice under Section 20 and fixation of fair rent by the Controller. The statutory scheme treated fair-rent determination as the designated mechanism, and neither the landlord nor the Company Court could bypass it or fix rent themselves. In the absence of notice and such determination, the alleged rent claim had not crystallized into a due debt and was therefore too disputed to support a winding up petition. The result was that the admitted winding up order was set aside and the petition was dismissed as premature. en-us Mon, 19 Sep 2005 00:00:00 +0530 Mon, 19 Jul 2021 14:25:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=198153 Under the West Bengal Premises Tenancy Act, enhanced rent was not automatically recoverable merely because Section 17(4A) applied; enhancement required notice under Section 20 and fixation of fair rent by the Controller. The statutory scheme treated fair-rent determination as the designated mechanism, and neither the landlord nor the Company Court could bypass it or fix rent themselves. In the absence of notice and such determination, the alleged rent claim had not crystallized into a due debt and was therefore too disputed to support a winding up petition. The result was that the admitted winding up order was set aside and the petition was dismissed as premature. Case-Laws Indian Laws Mon, 19 Sep 2005 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=198153