Wakai Hospitality Private Limited Vs Palak Desai (NCLAT Delhi)
NCLAT Delhi held that no authorized correspondence brought on record which states that there was agreement between appellant and corporate debtor to cost incurred by appellant would be settled against license fee payable to Corporate Debtor. Thus, argument of appellant rejected.
Facts- The present appeal has been filed by the Appellant i.e. Wakai Hospitality Pvt. Ltd. under Section 61 of the Insolvency and Bankruptcy Code, 2016 (Code), challenging the Impugned Order dated 29.02.2024 passed by the National Company Law Tribunal, Mumbai, Bench-IV. The Respondent No. 1 submitted that he, as Resolution Professional of the Corporate Debtor, validly invoked the termination clause under the LLA, and the Appellant never challenged this termination before the Adjudicating Authority and by failing to file any application to contest the Respondent No.1’s action at the relevant time, the Appellant has effectively accepted the termination. Consequently, the Appellant cannot now, by way of appeal, challenge the termination that was never disputed before the Adjudicating Authority.
Conclusion- Held the Corporate Debtor is the owner of the subject property and the Appellant continued to occupy the premises under the LLA without payment of the requisite license fees and without challenging the termination before the Adjudicating Authority.
