Shanod Sameer Das Vs CA. Pankaj Bhattad (NCLAT Delhi)
NCLAT Delhi held that order directing vacation of premise granted under leave and licence agreements granted by Corporate Debtor due to CIRP is justifiable. Accordingly, impugned order upheld and additional time grated to vacate the premises.
Facts- The appellants entered into deed of partnership dated 01.10.2022 to 30.09.2025 for a period of three years to carry out business in premises taken by Mr. Chandan Ravishankar Madan, from Gigeo Construction Company Pvt. Ltd., to carry on business.
Mr. Chandan Ravishankar Madan, has entered into agreement of leave and licence dated 01.10.2022 with the Corporate Debtor for terrace above 4th floor of ‘Pulse Care Building’ for area of approximately 17,000 sq. ft.
Another leave and licence agreement entered with Corporate Debtor with Mr. Shanod Das, dated 01.05.2023, with the area around 2250 sq. ft. at 4th Floor of the same premises for kitchen, staff accommodation. Leave and licence agreement dated 01.05.2023 was for a period of three years which also referred to the licence dated 01.10.2020 for the terrace above 4th Floor.
M/s Home Grid, also entered into leave and licence agreement dated 01.07.2023 with the Corporate Debtor for an area of 12,000 sq. ft. on the 4th floor of the premises ‘Fortune Mall & Pulse Care hospital’. The said leave and licence agreement was for three years from 01.07.2023 to 30.06.2026.
