The court clarified that its order will not bar the adjudicating authority from examining the question of agreement between the Corporate Debtor and its step-down subsidiary.

ORDER

Delay condoned. During the course of hearing, certain suggestions were given. One of the suggestions was that the appellant - Koinonia Coffee Pvt. Ltd., which is entitled to use shop-in-shop during the lock-in period upto 19.10.2024 in Chanakya, New Delhi and Two Horizon, Gurugram, will give up its rights, on payment of compensation. The landlords, namely, Riveria Commercial Developers Limited and Sidhanth Real Estate Developers and Services Private Limited (respondent nos. 6 and 9 herein), without prejudice to their rights and contentions and in order to resolve the matter with the appellant - Koinonia Coffee Pvt. Ltd., have agreed to pay Rs.40,00,000/- (Rupees forty lakhs only) to the appellant - Koinonia Coffee Pvt. Ltd. The appellant - Koinonia Coffee Pvt. Ltd. has agreed to accept this payment to resolve the matter with the respondent nos. 6 and 9 herein- Riveria Commercial Developers Limited and Sidhanth Real Estate Developers and Services Digitally signed by Deepak Guglani Date: 2024.03.06 18:00:48 IST Reason:

Signature Not Verified Private Limited and vacate the shop-in-shop from Chanakya, New Delhi and Two Horizon, Gurugram. Payment of Rs.40,00,000/- (Rupees forty lakhs only) will be made to the appellant - Koinonia Coffee Pvt. Ltd., on or before 14.03.2024. In case payment is not made by 14.03.2024, the landlords - Riveria Commercial Developers Limited and Sidhanth Real Estate Developers and Services Private Limited (respondent nos 6 and 9 herein) will be liable to pay simple interest at the rate of 18% per annum from the date of this order till the actual date of payment. The appellant - Koinonia Coffee Pvt. Ltd. will be entitled to remove its belongings and equipment within a period of one week from today. On payment, it will be open to the landlords - Riveria Commercial Developers Limited and Sidhanth Real Estate Developers and Services Private Limited (respondent nos. 6 and 9 herein) to re-let the property or use the same in the manner they want. We, however, clarify that this order will not, in any way, bar the adjudicating authority from examining the question of agreement between the Corporate Debtor and its step-down subsidiary, namely, TNSI Retail Pvt. Ltd. (respondent no. 2). The statement is also made at the Bar on behalf of the landlords - Riveria Commercial Developers Limited and Sidhanth Real Estate Developers and Services Private Limited (respondent nos 6 and 9 herein) that they will not enter into any subsequent contract with TNSI Retail Pvt. Ltd. (respondent no. 2). We clarify that the payment received by the appellant - Koinonia Coffee Pvt. Ltd. is without prejudice to their rights and contentions in respect to their claim(s) against Future Retail Limited and TNSI Retail Pvt. Ltd. (respondent no. 2), which will be decided in accordance with law. The impugned judgment is set aside to the extent indicated above and the appeals are disposed of in the aforesaid terms. Pending application(s), if any, shall also stand disposed of. above and the appeals are disposed of in the aforesaid terms. Pending application(s), if any, shall also stand disposed of. ..................J. (SANJIV KHANNA) ..................J. (DIPANKAR DATTA) NEW DELHI; MARCH 04, 2024. ITEM NO.32 COURT NO.2 SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS CIVIL APPEAL Diary No. 3346/2024 (Arising out of impugned final judgment and order dated 22-11-2023 in CAAT(I) No. 572/2023 and CONTEMPT CASE(AT) No. 27/2023 passed by the National Company Law Appellate Tribunal) KOINONIA COFFEE PVT. LTD. Petitioner(s) VERSUS VIJAY KUMAR V IYER & ORS. ETC. Respondent(s) (IA No.33445/2024-CONDONATION OF DELAY IN FILING and IA No.33446/2024-APPROPRIATE