TaxTMI 
TaxTMI 
2025 (9) TMI 1092
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.... ORDER Heard learned counsel for the Appellant, learned counsel appearing for the Respondent No.1 as well as learned counsel for the IRP. This appeal has been filed challenging the order dated 03.04.2024 by which Section 9 application filed by the Respondent No.1 herein has been admitted. 2. The Corporate Debtor has been running a hospital for which premises was taken from Respondent No.1 on 15.08.2022 for 9 years' on rent of Rs. 6,41,300/- per month. There has been a subsequent registered lease deed. There was some default in payment of rent, hence, the Respondent No.1 initiated proceeding before the Court of Additional District Magistrate City Varanasi praying for rent. The said proceedings were dismissed by order dated 12.01.2023 ....
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....n 23 by the Operational Creditor on 12.01.2023, for the same amount with regard to which suit was dismissed Section 9 proceeding has been initiated. He further submits that the Adjudicating Authority although was of the view that amount claimed prima facie seems to be inflated, still admitted the Section 9 application. Learned counsel for the Appellant submits that, however, without prejudice to the contentions raised in the appeal, the Appellant has reached out the Respondent and settled all the issued between the parties. Affidavit has been filed by the Appellant as well as the Respondent where both the parties have submitted that all issues between the parties have been settled which include the payment towards GST. 2. Learned c....
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....t in the during the covid lockdown period without any waiver although the hospital was closed for nearly one month and not running normal manner during the rest of the period. 2. That in the month of December 2021 Itself we promised to vacate the premises within one year time because it is impossible to shift Hospital in another building in such a short notice. We are further reiterating our promise to vacate the premises before 31st of December 2022 and handover the vacant possession of the premises to you peacefully. 3. That so far as the lease deed dated 21.01.22 is concern, it is notable that we were not ready for the same and it was executed under the undue pressure caused by you without any need when the disputes wer....
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....ettle the accounts after the determining the cost of Improvements. We shall further request you to please, do not indulge any abusive use of process of law or unlawful measures against us. With Regards For G. V. Meditech Pvt. Ltd. (Director)" 6. The order passed by the Additional District Magistrate, City, Varanasi dated 12.01.2023 dismissing the Suit under Section 23 of Uttar Pradesh Tenancy Regulation Act (Second) Ordinance 2021 is to the following effect: "Date: 12.01.2023 Papers presented. The parties present in person. Heard the arguments of both sides. During the debate, it was brought to notice by the plaintiff that as per the notice sent by the plaintiff to the defendant on th....