2024 (5) TMI 808

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....Rakesh Kumar Jain ( Oral ) This appeal is directed against the order dated 23.05.2023 by which an application bearing I.A. No. 2008 of 2023 filed by the Appellant has been dismissed by the Adjudicating Authority (National Company Law Tribunal, New Delhi Bench). 2. The grievance of the Appellant is that the impugned order is totally non-speaking as it has not dealt with the various prayers made by the Appellant in the application and has confined its order with the claim which has been admitted by the RP and has also made a reference to the email dated 15.02.2023 which has also been sent by the RP to the Appellant. 3. Counsel for the Appellant has drawn our attention to the contents of the application bearing I.A. No. 2008 of 2023 m....

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.... sqft (15% escalation) = Rs 60,931x4= Rs 62 2,43,724/ - Rs 90.942/- X 4 (Months) = Rs 2,43,724/- (Rs Two Lakhs, Forty-Three Thousand, Seven Hundred and Twenty-Four only)- Till May 31st 2020. v. Rs 48,92,004/- (Rest Forty-Eight Lakhs, Ninety-Two Thousand and four only) is payable towards space rentals as on 31.05.2020. The further payment shall be due till actual handing over of flat no. 218 with due registration thereof. vi. The space rentals shall be continued to be payable till the actual handing over of the flat to the FC. CLAIM NO.2 i. Plus, overdue payment w.e.f April 2008 till July 2008 @ Rs 52 per month, i.e Rs 34,840/ -x 4(Months) =Rs 1,39,360/-. ii. Plus Outstanding rentals differentials....

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.....2019 Total: Rs l,14,618/-(Receipts as proof enclosed) CLAIM No. 6 Interest @18% per annum on the overdue amount till realization of the same" 5. Counsel for the Appellant has submitted that the Adjudicating Authority has not looked into the claims of the appellant in regard to the rent, conveyance, house taxes etc. and has only confined itself to the claim which has been accepted by the RP and also to the email dated 15.02.2023 which too was sent by the RP denying the claim of the Appellant in regard to the rent, whereas according to the Appellant, evidence has been brought on record to show that not only the Appellant is entitled to rent in terms of Builder Buyer Agreement but also there are authorities to ci....