2024 Supreme(Online)(NCLT) 875
NATIONAL COMPANY LAW TRIBUNAL MUMBAI BENCH, COURT-II
27. IA 5210/2023 IA 5282/2023 IA 5286/2023 IA 155/2024 In C.P. (IB)/527(MB)2022 CORAM:
SHRI ANIL RAJ CHELLAN SHRI KULDIP KUMAR KAREER HON’BLE MEMBER (T) HON’BLE MEMBER (J) ORDER SHEET OF THE HEARING OF MUMBAI BENCH OF THE NATIONAL COMPANY LAW TRIBUNAL ON 16.02.2024 NAME OF THE PARTIES: IA 5210/2023 Ravi Kumar Vs.
Vijaykumar V. Iyer IA 5282/2023 Payal Mago Vs. Resolution Professional Of M/S Future Retail Limited I.E. Shri Vijay Kumar V Iyer IA 5286/2023 Payal Mago Vs. RP Of M/S Future Retail Limited I.E. Shri Vijay Kumar Iyer.
IN THE MATTER OF Bank of India V/s Future Retail Limited Section: 7, 60(5) of Insolvency and Bankruptcy Code, 2016 _________________________________________________________________________________
For the Petitioner:SAURABH JAIN
ORDER
IA No. 5210/2023:- Adv. Amit Tungare appeared for the Applicant. Adv. Harit Lakhani appeared for the Resolution Professional. The present applicant has been filed by Mr. Ravi Kumar seeking direction against the Respondent/Resolution Professional to handover the physical possession of the leased premises situated at ground floor no. 88A, Ghoda Mohalla, Near Govt School, Aya Nagar, Delhi by paying the outstanding Rent of Rs. 5,74,000/- and electricity bill of Rs. 55,770/- which were given on lease/rental basis to the Corporate Debtor. It has been stated that the applicant is ready to bear the cost of relocation and storage/warehouse charges of the inventories lying in the premises in question which can be subsequently be treated as CIRP cost. The Counsel for the RP also has no objection to this. In these circumstances, it is ordered that the RP shall handover the vacant possession of the premises in question to the applicant within a period of three weeks. However, the cost of relocation of the inventories and warehousing thereof shall be borne by the applicant which will be subsequently treated as CIRP cost, as agreed by the Counsel for the Resolution Professional. List the IA No. 5210/2023 on 26.03.2024 for further hearing.
IA No. 5282/2023:- Adv. Harsh Garg appeared for the Applicant. Adv. Harit Lakhani appeared for the Resolution Professional. The present applicant has been filed by Payal Mago & Others seeking direction against the Respondent/Resolution Professional to handover the physical possession of the leased premises situated at Genting Mall, Near White House, Pinjore, Kalka Highway, Panchkula which were given on lease/rental basis to the Corporate Debtor. It has been stated that the applicant is ready to bear the cost of relocation and storage/warehouse charges of the inventories lying in the premises in question which can be subsequently be treated as CIRP cost. The Counsel for the RP also has no objection to this. In these circumstances, it is ordered that the RP shall handover the vacant possession of the premises in question to the applicant within a period of three weeks. However, the cost of relocation of the inventories and warehousing thereof shall be borne by the applicant which will be subsequently treated as CIRP cost, as agreed by the Counsel for the Resolution Professional. List the IA No. 5210/2023 on 26.03.2024 for further hearing. List the IA No. 5282/2023 on 22.03.2024 for further hearing.
IA No. 5286/2023:- Adv. Harsh Garg appeared for the Applicant. Adv. Harit Lakhani appeared for the Resolution Professional. The present application has been filed by the Payal Mago & Others seeking direction against the Resolution Professional/Respondent to consider the claim of Rs. 17,02,175/- as an operational debt. Counsel for the Resolution Professional states at bar that he is ready to consider the claim, if the delay in filing the claim is condoned. Accordingly, delay in filing the claim is condoned. The Resolution Professional is directed to consider and verify the claim as per law. With the above direction, IA No. 5286/2023 is allowed and disposed of IA No. 155/2024:- Adv. Harsh Garg appeared for the Applicant. Adv. Harit Lakhani appeared for the Resolution Professional. The present application has been filed by the Hershey India Private Limited seeking direction against the Resolution Professional/Respondent to consider the claim of Rs. 2, 54,10,575/- as an operational debt. Counsel for the Resolution Professional states at bar that he is ready to consider the claim, if the delay in filing the claim is condoned. Accordingly, delay in filing the claim is condoned. The Resolution Professional is directed to consider and verify the claim as per law.
With the above direction, IA No. 155/2024 is allowed and disposed of.