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2014 Supreme(Del) 2271
High Court of Delhi
SANJEEV SACHDEVA, J.
Shanti Prakash Gupta & Others
Versus
Ebony Retail Holdings Ltd.
Co. Pet. No. 478 of 2012 & Co. Appl. No. 568 of 2013
Decided on: 14-10-2014
For the Petitioners:Peeyush Kalra, Advocate.
For the Respondent:Ekta Sikri, Prannoy Dey, Advocates.
The main legal point established in the judgment is the validity of the claim for arrears of rent/use & occupation charges and the court's decision to admit the petition for winding up based on this claim.
Headnote:
Winding Up - Arrears of Rent - Companies Act, 1956, Section 433, 434 - The judgment discusses the claim for arrears of rent, interest, and service tax by the Petitioners against the Respondent company. The court found the claim for arrears of rent/use & occupation charges to be valid and admitted the petition, deferring further orders to enable the Respondent to settle the dues.
Fact of the Case:
The Petitioners sought winding up of the Respondent company due to arrears of rent, service tax, and maintenance charges. The Respondent denied the debt and contended that the claim required a full-fledged trial.
Finding of the Court:
The court found the claim for arrears of rent/use & occupation charges to be valid and admitted the petition. However, it deferred further orders to enable the Respondent to settle the dues.
Issues: The main issues were the validity of the claim for arrears of rent, interest, and service tax, and whether the matter required a full-fledged trial.
Ratio Decidendi: The court held that the claim for arrears of rent/use & occupation charges was valid and admitted the petition. It deferred further orders to enable the Respondent to settle the dues.
Final Decision: The court admitted the petition for winding up, deferring further orders to enable the Respondent to settle the arrears of rent/use & occupation charges.
Sanjeev Sachdeva, J.
Co.Appl.No.568/2013 (Application on behalf of the Respondent for directing the Petitioner to take possession of the Ground Floor
The Present application was filed by the Respondent on 02.04.2013 for directing the Petitioner not to obstruct the Respondent in removing the goods, fittings and furniture at the premises and further to take over the peaceful and vacant possession of the Ground Floor of the premises bearing No. GB – 19, Crown Plaza Mall, Faridabad.
It is an admitted position that since the filing of the application, the possession has been taken over by the Petitioner on 26th April, 2013. The application has thus become infructuous.
The application is accordingly dismissed as infructuous.
Co. Pet 478/2012
1. The Petitioners landlords have filed the present petition seeking winding up of the Respondent company on the failure of the Respondent to pay arrears of rent and other dues.
2. The tenancy premises comprised of two units one on the ground floor and the other on the first floor bearing No. GB – 19 & FB – 15, Crown Plaza Shopping Mall, Crown International, 29 K.M. Stone, Sector 15-A, Main Mathura Road, Faridabad, Haryana admeasuring 14171 square feet (6935 square feet on Ground Floor and 7236 square feet on the first floor).
3. As per the Petitioners at the time of filing of the petition the Respondents were in arrears of the following:
(i) Rent alongwith interest on delayed payment
(ii) Service tax
(iii) Maintenance charges
4. As per the Petitioners, the Respondent was inducted as a tenant in the property by M/s Ansal Properties & Industries Limited by a lease deed dated 07.11.2002. The property was thereafter purchased by the Petitioners on 10.05.2003 and the tenancy was attorned in favour of the Petitioners by letter dated 19.08.2003.
5. The lease deed dated 07.11.2002 was for a period of three years. The tenancy was renewed further by lease deed dated 10.01.2006, which was also for a period of three years. Subsequently, the lease deed dated 05.03.2010 was executed between the parties. The lease deed dated 05.03.2010 was duly registered.
6. In terms of Clause 2 of the lease deed dated 05.03.2010, the tenancy in respect of the said premises commenced w.e.f. 10.01.2009 at a monthly rental of Rs.5,93,605/-. The Respondent, in addition, was liable to pay water and electricity charges as per actual. The Respondent was also liable to pay the maintenance charges in respect of the said premises. As per the Petitioners, the Respondent was also liable to pay the statutory service tax in respect of the tenanted premises.
7. As per the Petitioners, the Respondent was a habitual defaulter in respect of payment of rent, water and electricity charges and service tax.
8. Notice dated 17.12.2011 was served on the Respondent under Section 106 of the Transfer of Property Act terminating the tenancy of the Respondent and calling upon the Respondent to hand over the peaceful vacant possession of the property. The Respondent failed to comply with the said notice.
9. Statutory notice dated 01.08.2012 under Section 433 and 434 of the Companies Act, 1956 was issued to the Respondent. On the failure of the Respondent to comply with the said notice, the present petition has been filed.
10. As per the Petitioners, the Respondent is in arrears of rent/use & occupation charges since 07.05.2011 @ Rs.5,93,605/- per month till the date the peaceful vacant possession of the said premises was handed over to the Petitioners. It is submitted that the Respondent delivered the peaceful vacant possession of the first floor on 31.03.2013 and of the ground floor on 26.04.2013.
11. It is contended by the Petitioners that in terms of Clause 2 of the Lease Deed, the lease was to commence w.e.f. 10.01.2009 and the rent was to be increased by 17.5% after the expiry of three years, on 09.01.2012. The contention of the Petitioners is that w.e.f. 10.01.2012, the Respondent was to pay the rental @ Rs.6,67,327/-. As per the Petitioners, the Respondent
