2024 (9) TMI 1920

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.... dated 03.04.2024 thereby rejected the representation submitted by the petitioner seeking registration and grant of new license. 2. The petitioner-Company had entered into Business Transfer Agreement dated 08.09.2022 with M/s. Oriental Lotus Hotel Supplies Private Limited on the representation that its business had accumulated heavy loss and was in dire need of financial support. Therefore, the petitioner agreed to take over the factory situated at Door No. 11, 9/1, Vengadu Road, Navalur Village, Sriperumbudur Taluk, Kancheepuram District. The petitioner also agreed to take over the entire premises by purchase and also agreed to take over the business of the third respondent along with their men, stock and machineries. The machineries we....

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....cation for licence, the agreement also expired. Once again, the petitioner submitted detailed representation on 20.12.2023 to the first respondent to consider the application for issuance of licence. In fact, even before that, the first respondent inspected the petitioner and found that the petitioner was in absolute possession of the premises and its employees were running the business at the premises in compliance with all prevailing laws. Therefore, the petitioner filed application under Section 9 of Arbitration and Conciliation Act, 1996, wherein the District Commercial Court at Bengaluru granted interim injunction restraining the third respondent from taking any action directly or indirectly in furtherance to the termination of the bus....

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.... filing the application, the lease agreement was still subsisting. After lapse of so many months, it got expired. Sub Sections 1(a) to 1(i) of Section 7 of Factories Act stipulates necessary information to be provided by the occupier of the premises. There is no requirement for the occupier to produce documents substantiating occupation of the premises in this provision. Further, sub rule 2 of Rule 3 of the Tamilnadu Factories Rules, 1950 does not require documents substantiating occupation of the premises to be submitted along with application. Further, the Notice of Occupation under Form 2 of the Rules also does not require any such 'documents substantiating occupation' of the premises. When the civil suit as against respondents 3....

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....e third respondent. 6. Once again, the lease agreement was renewed on 01.05.2020 for further period of five years. Therefore, the third respondent is the lawful lessee in respect of the subject property. While being so, the third respondent entered into business transfer agreement with the petitioner dated 08.09.2022. The petitioner was in need of GST registration, for which a lease agreement was executed for a period of 11 months. It was only for the purpose of obtaining GST registration and it cannot be used for any other purpose. Therefore, as per the lease deed, no right was created in respect of the subject property in favour of the petitioner. In fact, the third respondent is paying rent for the subject property to the fourth respo....