TaxTMI 
TaxTMI 
2022 (1) TMI 1217
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....usand Six Hundred and Sixty- Seven) (as set out in para 15 above) as on 01.06.2021 to the Applicants forthwith; (ii) To pass an Order directing the 2^nd respondent to hand over vacant and peaceful possession of the Leased - out - premises belonging to the Applicants herein immediately upon conclusion of the CIR period in view of expiry of the Lease Deed dt.28.02.2011 (as amended on 07.02.2017) (iii) To pass an order directing the 2^nd Respondent (RP of M/s. Vasan Health Care Private Limited) to make timely payment of Rent during the remainder of the CIR Process (being an Insolvency Resolution Process Cost as per the IBBI (CIRP) Regulations 2016) to the Applicants as per the terms of the Amended Lease Deed dated 07.02.2017 in the event the 2^nd Respondent wishes to continue occupying the premises and utilize the same until conclusion of the Corporate Insolvency Resolution Process; (iv) Such further or other orders based on the facts and circumstances as the National Company Law Tribunal, Chennai Bench shall deem fit, in the interest of Justice and equity. 2. The CIRP in relation to the Corporate Debtor viz. MIs. Vasan Health Care was originally I....
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....at after due consideration, the claim lodged by the Applicants, was partly admitted by the 1^st Respondent to the tune of Rs. 75,94,336/-. 7. The Learned Counsel for the Applicants submitted that subsequent to the commencement of the CIR process of the Corporate Debtor and despite using the property on a daily basis and generating revenue from the premises owned by the Applicants, the 1^st Respondent had failed to make any payment of rent to the Applicants herein as per the terms of the Lease Deed and the amendments made thereto. Further, it was submitted that the Lease Deed entered into with the Corporate Debtor have came to an end on March 2020 and the Applicants have duly sent an email dated 01.06.2020 to the 1^st Respondent requesting the 1^st Respondent to vacate the premises as per the terms of the Agreement. 8. The Learned Counsel for the Applicants submitted that the 1^st Respondent had addressed a letter dated 06.02.2021 to all the premises owners / landlords of all the centers of Vasan Health Care Private Limited and according to the said letter, the 1^st Respondent proposed to pay the rent due to the landlords In the following manner; i. 1/3^rd of rend sha....
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...., etc. and hence certain amounts were being rationed aside for payments to landlords In addition to ensuring other stakeholder's interest are balanced too. 13. Further, it was submitted that as per Section 14(1)(d) of IBC, 2016 the Applicants cannot seek for the recovery of possession of any property which is occupied by the Corporate Debtor by an owner or lessor and the same is prohibited from the insolvency commencement date. 14. The Learned Counsel for the 1^st Respondent submitted that based on the revenue generated by the Corporate Debtor on an average 50% of rental dues payable were being paid regularly till March 2020 and thereafter, even in July 2020 part payments were made. 15. The Learned Counsel for the 2^nd Respondent submitted that the Applicants during the CIRP have received adhoc payments towards the applicable Rental payments even during the period which the 1^st Respondent was functioning as IRP. It was further submitted that for the month of May 2021, the 2^nd Respondent has made payments of 45 to 50% of the applicable rent on 14th June 2021. Thus, it was submitted that the Applicant's claim that the amount due and payable to them from October 2019 until ....
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....of the Hon'ble NCLAT in the matter of Prerna Singh -Vs- Committee Of Creditors M/s Xalta Food and Beverages Pvt. Ltd. in Contempt Case (AT) No. 03 of 2020 vide its order dated 1712.2021 has ¡n para 18 to 21 held as follows; 18 ......... However, we have considered this issue. CIRP costs is defined in Section 5(13) which is as under: "Section 5(13) insolvency resolution process Costs Means- (a) the amount of any interim finance and the costs incurred ¡n raising such finance; (b) the fees payable to any person acting as a resolution professional; (c) any costs incurred by the resolution professional in running the business of the corporate debtor as a going concern; (d) any costs incurred at the expense of the Government to facilitate the insolvency resolution process,' and (e) any other costs as may be specified by the Board 19. Section 14(1) (d) provides that during the moratorium period the lessor or an owner of the property cannot recover the possession of the property from the Corporate Debtor. Regulation 31 of the Insolvency and Bankruptcy Board of India (Inso....
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....re required to be paid to the Applicants, however relies upon the Judgment of this Tribunal passed In K. Karuppaiah (supra) to state that the said amount would be paid in priority when a Resolution Plan is approved or when the Corporate Debtor is ordered for liquidation. The order passed by this Tribunal ¡n the said case is required to be discerned with the case of the Hon'ble NCLAT in the matter of Prerna Singh (supra), wherein it was categorically held that the right of lessor to recover rent is affected on account of moratorium and therefore the lessor is entitled to recover the rent and which shall Include in CIRP costs. Thus, by taking into consideration the totality of the circumstances, we hereby pass the following a. The 2^nd Respondent is directed to pay to the Applicants a sum of Rs. 1,17,28,159/- within a period of 14 days from the date of this order and the same shall be paid from the Insolvency Resolution process cost. b. In so far as prayer (b) is concerned, the same stands rejected. c. In so far as prayer (c) is concerned, the 2^nd Respondent Is directed to pay the monthly rent to the Applicants during the CIRP period, till such time ....