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NATIONAL COMPANY LAW APPELLATE TRIBUNAL
Yogesh Khanna, J
Sudha Apparels Ltd. – Appellant
Versus
Ravi Sethia – Respondent
| Table of Content |
|---|
| 1. pre-cirp lease termination due to rental defaults. (Para 2 , 3 , 4 , 5 , 6 , 9) |
| 2. appellant argues termination extinguishes rights pre-moratorium. (Para 7 , 12 , 13 , 14 , 15 , 16) |
| 3. coc rejects funding; premises non-operational. (Para 10 , 11) |
| 4. section 14(1)(d) bars recovery during moratorium. (Para 17 , 18 , 19) |
| 5. premises vital for going concern; appellant obstructs operations. (Para 20 , 21) |
| 6. appeal dismissed upholding moratorium protection. (Para 22 , 23 , 24) |
JUDGEMENT
JUSTICE YOGESH KHANNA, MEMBER (JUDICIAL)
The present appeal is filed by the appellant under Section 61 of IBC, 2016, being aggrieved of an impugned order dated 1st October, 2024 passed by the Ld.National Company Law Tribunal, in IA No.4147 of 2023 in CP(IB)/959(MB)/2022.
2. It is the submission of the learned senior counsel for the appellant the appellant is an owner of the ground floor, 1st floor and 2nd floor of Plot No.5, Block-BG, Action Area-IB, New Town, Rajarhat, Kolkata, West Bengal 700156, herein called the leased property. A lease agreement dated 17.09.2008 was executed between the appellant and M/s Home Solutions Retail India Ltd for a period of 21 years. As per the terms of the leas
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