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TaxTMI 
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2025 (9) TMI 1343
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....(Ins.) No. 1425 of 2025 has been filed challenging order dated 13.08.2025 passed by NCLT, Mumbai Bench, in I.A. No. 852 of 2025 filed by RP against the appellant. 3. Comp. App. (AT) (Ins.) No. 1426 of 2025 has been filed against the order dated 13.08.2025 passed by NCLT, Mumbai Bench, in I.A. No. 1404 of 2025 filed by the RP against the appellant. 4. Comp. App. (AT) (Ins.) No. 1427 of 2025 has been filed challenging order dated 13.08.2025 passed by NCLT, Court-I, Mumbai in I.A. No, 1100 MB/2025 filed by RP. 5. Brief facts of the case, necessary to be noticed for deciding the appeal are: i. The appellants herein shall be referred to by their name Mr. Shanod Sameer Das, and Mr. Chandan Ravishankar Madan, entered into deed of partnership dated 01.10.2022 to 30.09.2025 for a period of three years to carry out business in premises taken by Mr. Chandan Ravishankar Madan, from Gigeo Construction Company Pvt. Ltd., to carry on business. ii. Mr. Chandan Ravishankar Madan, has entered into agreement of leave and licence dated 01.10.2022 with the Corporate Debtor for terrace above 4th floor of 'Pulse Care Building' for area of approximately 17,000 sq. ft,. The said ....
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....Applicant), the Resolution Professional against the Mr. Shanod Das, under Section 60(5) of The Insolvency and Bankruptcy Code, 2016 ("Code") in the Corporate Insolvency Resolution Process in case of Gigeo Construction Company Private Limited ("Corporate Debtor"), seeking following reliefs: a. Direct the Respondent to vacate the Property situated at the 4th Poor of Pulse Care building, Butt Road, City Survey No. 3110, 3111 & 3112 of Khasra No. 317 admeasuring around 1,580 sq. mtrs., (equivalent to approx. 17,000 Sq. Ft.), having Mouza Sitabuldi situated at Munje Square, Sitabuldi Nagpur Tahsil Maharashtra 440012; and. b. Pass any order/ orders as deemed fit and proper." ix. RP filed I.A. No. 1404 of 2025 against M/s Home Grid, praying for direction to vacate prayers in the I.A. 1404 of 2025 has been quoted in para one of the impugned order which is as follows: "This Application IA 1404/2025 was filed by Mr. Pankaj Bhattad (Applicant), the Resolution Professional against the M/s Home Grid through its Proprietor Mrs. Hetal Chandan Madan, under Section 60(5) of The Insolvency and Bankruptcy Code, 2016 ("Code") in the Corporate Insolvency Resolution P....
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....11 & 3112 of Khasra No. 117 admeasuring around 1,580 sq. mtrs., (equivalent to approx. 17,000 Sq. Ft), having Mouza Sitabuldii situated at Mouza Square, Sitabuldi Nagpur Tahsil Maharashtra 40012, within Thirty days from the date of communication of this order. It is made clear that the Respondent shall also be liable to pay for the license fees remaining unpaid for the period the said premises was under his occupation i.e. till the time of vacation as aforesaid." xiii. I.A. No. 1404 of 2025 was also allowed by the Adjudicating Authority. The directions were issued in para 20 which are as follows: "In view of the above, we do not find any substance in the submission of the Respondent that the Applicant could not have terminated the said agreement and this Tribunal's jurisdiction is excluded by the provisions of Section 33 of Maharashtra Rent Control Act, 1999. Accordingly, the Respondent is directed to handover the Property situated at 4th floor of the Fortune Mall, Buti Road, City Survey No. 3110, 3111 & 3112 of Khasra No. 317 admeasuring around 12,000 Sq. fts. having Mouza Square, Sitabuldi Nagpur Tahsil Maharashtra440012, within Thirty days from the date of comm....
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.... to pay the licence fee. Hence, the RP was liable to allow the appellants to continue till the period for which leave and licence agreement was granted. 10. It is submitted that the basis for direction for eviction is that only first and second floor were for commercial purpose as per plan approved by RERA. Neither RERA authority nor any other authority has issued any notice or taken any proceeding against the appellant or Corporate Debtor for alleged violation of sanctioned plan. 11. It is submitted that no proceeding having been initiated by RERA or any authority, it was not open for RP to direct for vacation on the above ground. 12. It is submitted that when the appellant was ready to pay the licence fee. It was not open for RP to direct for vacation of the premises. 13. Learned counsel for the RP submitted that only first and second floor was sanctioned for commercial use and third and fourth floor was only for parking. The leave and licence granted in favour of appellant was not in accordance with sanctioned plan. RP has exercised its right under the leave and licence agreement which permitted termination of either of the parties on one-month notice. 14. Th....
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....icense came to know about the intention of the Licensor a therefore the Licensee approached the Licensor with a request to grant lease out the said premises on leave and license basis to him. AND WHEREAS the parties hereto had due deliberations and discussions, and as a consequence thereof they have arrived at an understanding which they have decided to reduce the same into writing being these presents. NOW THIS DEED WITNESSES AND IT IS HEREBY MUTUALLY AGREE BY AND BETWEEN TIE PARTIES AS FOLLOWS:- 1. The Licensor hereby grant and confer leave and license in favour of the License the terrace above 4th floor of pulse care building, in respect of land having City Survey No. 3110, 3111 & 3112 of Khasra No. 317 admeasuring around 1580 sq.mtr, (equivalent to approx 17,000 Sq. Fts.), having Mouza Sitabuldi situated a Munje Square, Sitabuldi, Nagpur Tahsil and Distric NAGPUR, Nagpur, subject to the terms and conditions stated here-in-below. 2. That the period of lease is 3 Years i.e. 36 Months commencing from 1st September, 2022 ending on 30th day of September, 2025." 17. The next agreement which was entered by the CD with Mr. Shanod Sameer Das, appel....
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....nd as a consequence thereof they have arrived at an understanding which they have decided to reduce the same into writing being these presents. NOW THIS DEED WITNESSES AND IT IS HEREBY MUTUALLY AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS:- 1. The Licensor already grant and confer leave and license in favour of the Licensee the terrace above 4th floor of pulse care building, in respect of land having City Survey No. 3110, 3111 & 3112 of Khasra No. 317 admeasuring around 1580 sq.mtr, (equivalent to approx 17,000 Sq. Fts.), having Mouza Sitabuldi situated at Munje Square, Sitabuldi, Nagpur Tahsil and District NAGPUR, Nagpur, now Licensor hereby grant and confirm leave and Licence in favour of Licensee the area around 2250 Sq. Fts, at 4th Floor of the same premises for Kitchen and Staff accommodation, subject to the terms and conditions stated here-in-below. 2. That the period of lease is 3 Years i.e. 36 Months commencing from 1 May, 2023 ending on 30th day of April, 2026. 3. The Licensee shall regularly pay the license fees amounting Rs. 15,000/- (Rs. Fifteen Thousand Only) on or before 10th day of each English calendar month, for which the receipt....
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....ensor/Owner is a legal and absolute owner of all that Commercial Mall building known as FORTUNE MALL & Pulse Care hospital Situated at beside Bank Of Maharashtra, Munje Square, Sitabuldi, Nagpur-440012, within the limits of Nagpur Municipal Corporation and Nagpur Improvement Trust, Nagpur, Tahsil & District - Nagpur (hereinafter referred to as the "said premises") AND WHEREAS the said premises is vacant and hence the Licensor intended to lease out the same on leave and license basis to any interested Licensee for office/commercial purpose; AND WHEREAS the Licensee was in need of the premises for it's Furniture showroom in the same vicinity of Sitabuldi, Nagpur on leave and license basis and hence was looking for the same. AND WHEREAS the Licensee came to know about the intention of the Licensor and therefore the Licensee approached the Licensor with a request to grant lease out the said premises on leave and license basis to him. AND WHEREAS the parties hereto had due deliberations and discussions, and as a consequence thereof they have arrived at an understanding which they have decided to reduce the same into writing being these presents. ....
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....orporate Debtor is in violation of the sanction plans sanctioned by RERA. Furthermore, Section 20(2)(b) of IBC, 2016 provides that the Resolution Professional has the authority to enter into contracts on behalf of the Corporate Debtor or to amend or modify contracts or transactions which were entered into before the commencement of the CIRP. It is further stated that without prejudice to any of the Resolution Professional's rights and contentions with regard to the facts stated above, the Resolution. Professional is initiating termination of the said Agreement in terms of Clause 10 read with Clause 19 of the Leave and License Agreement considering the fact that the agreement has been in force for more than 6 months. Please consider this a formal notice of termination of the said Agreement as you have not vacated the property despite numerous reminders vide emails dated 14.10.2024 and 17.10.2024 from the Resolution Professional. That the aforesaid Clauses 10 and 19 of the Agreement has been reproduced below: "10. That if either party wants to cancel this Agreement of Leave and License for any reason before expiry of the agreed period of 3 year....
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....he Statue." 33. Though a High Court has power to mould reliefs to meet the requirements of each case, that does not mean that the draftsman of a writ petition should not apply his mind to the proper relief which should be asked for and throw the entire burden of it upon the court." 25. There can be no dispute to the proposition of the Supreme Court laid down as above. 26. The present is the case where notice was issued for termination on 28.10.2024 and in which appellants were asked to vacate by 28.11.2024. 27. Application was filed by the RP before the Adjudicating Authority in January 2025 and the order which was passed by Adjudicating Authority was on 13.08.2025. When the Adjudicating Authority was directing for vacation of the premises, the order for direction to pay the licence fee which remains unpaid for the period under which premises is under occupation that is till time of vacation, was a consequential relief which could have very well be granted by Adjudicating Authority, while directing for vacation. 28. The judgment of the Supreme Court in Bharat Amratlal Kothari vs Dosukhan Samadkhan Sindhi & Ors., relied by the appellant has held that relief whic....