NATIONAL COMPANY LAW TRIBUNAL MUMBAI BENCH, COURT-II

13. New Application IA 4488/2023 IA 4489/2023 IA 4509/2023 HearingIA 3319/2023 IA 3858/2023 IA 3861/2023 IA 3447/2023 IA 3457/2023- 45(1) IA 2136/2023 IA 2159/2023 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 11.10.2023 NAME OF THE PARTIES: - IA 4488/2023 Mr Subhash Chand V/s Vijaykumar V Iyer IA 4489/2023 Mr Ajay Kumar V/s Vijaykumar V Iyer IA 4509/2023 Tkt Interiors Exteriors Private Limited V/s Vijaykumar V. Iyer Resolution Professional of Future Retail Limited IA 3319/2023 Vijaykumar V Iyer V/s Kishore Biyani IA 3858/2023 Arora Poultries V/s Vijay Kumar V Iyer IA 3861/2023 Future Market IA 3447/2023 Centbank Financial Services Limited V/s Vijaykumar V. Iyer IA 3457/2023 Vijaykumar V. Iyer V/s Tnsi Retail Private Limited IN THE MATTER OF Bank of India V/s Future Retail Limited Section: 60(5) Rule 11 of NCLT, 2016 U/s 7 of (IBC)

__________________________________________________________________________________

ORDER ---2---

IA.No.4488/2023: - This application is filed by the applicant/landlord for vacation of the premises situated at Sanjay Nagar, Kamiri Road, Hisar Tehsil and District Hissar, Haryana. It has been stated in the application 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 claimed 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 RP. Prayer ‘a’ in para 16 of the IA is accordingly allowed to the extent indicated above.

As regards prayer ‘b’ whereby the condonation of delay of

338 days has been sought in lodging the claim submitted by the applicant is concerned, since till date no resolution plan has been approved by the CoC and the CIRP has not reached the stage of no return, the delay of 338 days in filing the claim can be and is hereby condoned. Accordingly, the RP is directed to consider the claim as per law.

As regards prayer ‘c’ it has been fairly conceded by the counsel for the RP that the applicant is entitled to claim the rentals in respect of the premises in question as CIRP cost from admission order dated 20.07.2022 till the date of the handing over the possession to the applicant as the premises in question were accessable to the RP after the passing of the admission order. In view of this, prayer ‘c’ is also allowed. RP shall treat the rentals in respect of the premises in question from the date of CIRP commencement till the date of handing over possession to the applicant as CIRP cost. With the aforesaid observation the IA.No.4488/ 2023 is disposed of in above terms.

IA.No.4489/2023: - This application is filed by the applicant /landlord for vacation of the premises situated at K-103, Ground Floor, Kalkaji, New Delhi - 110019. It has been stated in the application 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 claimed as CIRP cost. The Counsel for the RP also has no objection to this. In this circumstance, 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 RP. Prayer ‘a’ in para 16 of the IA is accordingly allowed to the extent