TaxTMI 
TaxTMI 
2022 (3) TMI 1220
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....le LLP, absolute owner of immovable property of assessee Holding 0.4(7), S.N. Banerjee Road, situated at 4(2), admeasuring 1500 sq.ft., having its registered office at S-204 Ideal Plaza, 11/1, Sarat Bose Road, 2nd Floor, Kolkata-700020, (hereinafter referred as the Operational Creditor), seeking initiation of corporate insolvency resolution process in respect of Aelis Enterprise Learning and Implementation Solutions Pvt. Ltd., (CIN: UT4999WB2009PTC216105), having its Registered office at 4/8, S.N. Banerjee Road, Barrackpore, Barrackpore Shading Arcade, West Bengal, (hereinafter referred as the Corporate Debtor). 3. It is submitted by way of a lease agreement dated 1st April, 2018, Operational Creditor provided the aforesaid said Demised Pr....
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.... and amenities provided to them. The Corporate Debtor had paid monthly rent and consideration on account of amenities up to December, 2017, and thereafter defaulted in making payment of dues on account of rent and amenities from January, 2018 onwards upto date of filing of the petition and he still enjoying the possession of the said premises in accordance with the lease agreement and amenities agreement. 5. It is submitted by the Operational Creditor that in spite of persistent requests, the Corporate Debtor has not paid the outstanding dues and has defaulted in making payment of rent of the premises and amenities since January, 2018 till date. It is stated that the Operational Creditor was thereafter constrained to serve a demand notice ....
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....016. It is further submitted that there is lease agreement and Amenities agreement between the parties and as such unpaid rent and amenities do not constitute "operational debt" within the meaning of section 5(21) of the Insolvency and Bankruptcy Code, 2016 and that the Operational Creditor should have invoked the jurisdiction of Civil Court for breach of contract and unpaid rent and amenities, as the NCLT lacks jurisdiction to adjudicate the claims of the Operational Creditor within the meaning of the Code. 10. There is no plausible defence raised by the Corporate Debtor in its rely. 11. In the Rejoinder, the Operational Creditor has submitted that the Operational Creditor is the owner of the aforesaid premises and on the request of the ....
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....or the Operational Creditor because the Ld. Counsel for the Corporate Debtor had stopped appearing before the Court. There does not seem to any defence available to the Corporate Debtor for its default in payment of operational debt. This petition, therefore, deserves to be admitted. We, therefore, pass the following orders:- ORDERS i) The application filed by the Operational Creditor under Section 9 of the Insolvency & Bankruptcy Code, 2016 for initiating Corporate Insolvency Resolution Process against the Corporate Debtor, is hereby admitted. ii) We hereby declare a moratorium and public announcement in accordance with Sections 13 and 15 of the I & B Code, 2016. iii) Moratorium is declared for the purposes referred to in Section 1....
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....actions as may be notified by the Central Government in consultation with any financial sector regulator. vii) The order of moratorium shall have effect from the date of admission till the completion of the corporate insolvency resolution process. viii) Provided that where at any time during the Corporate Insolvency Resolution Process period, if the Adjudicating Authority approves the resolution plan under sub-section (1) of Section 31 or passes an order for liquidation of the corporate debtor under Section 33, the moratorium shall cease to have effect from the date of such approval or liquidation order, as the case may be. ix) The Operational Creditor has not proposed name of any Insolvency Resolution Professional. Therefore, as per ....