# In the matter of Adinath Jewellery Export vs. Brijendra Kumar Mishra, Liquidator of Shrenuj & Co. Ltd. Company Appeal (AT) (Insolvency) No. 748 of 2022

> NCLAT judgment dated 2023-04-24. Citation: TCN-2023-NCLAT-00585. This case involves an appeal against an order dated 06.07.2022 passed by the Adjudicating…

- **Court:** NCLAT
- **Order date:** 24 Apr 2023
- **Citation:** TCN-2023-NCLAT-00585
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/adinath-jewellery-export-vs-brijendra-kumar-mishra-liquidator-of-shrenuj-co-ltd-88efc520

## Summary

### Background

This case involves an appeal against an order dated 06.07.2022 passed by the Adjudicating Authority (National Company Law Tribunal, Mumbai) in I.A. No. 1635 of 2022 in C.P. (IB) No. 190(MB)/2018. The appellant, Adinath Jewellery Exports, had a Leave and Licence Agreement with the Corporate Debtor, Shrenuj & Co. Ltd., for premises located at Plot No. A-7, MIDC, Andheri (E), Mumbai. After the initiation of Corporate Insolvency Resolution Process (CIRP) against Shrenuj & Co. Ltd., the Resolution Professional extended the Leave and Licence Agreement. Subsequently, an order for liquidation of the Corporate Debtor was passed, and the Liquidator initiated e-auction of the premises. The appellant claimed to be a tenant and filed a suit in the Small Causes Court,

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## Facts

Adinath Jewellery Exports (Appellant) entered into a Leave and Licence Agreement with Shrenuj & Co. Ltd. (Corporate Debtor) for premises at Plot No. A-7, MIDC, Andheri (E), Mumbai, for three years from 03.08.2016 to 02.08.2019. The agreement was extended by the Resolution Professional during the CIRP from 03.08.2019 to 02.07.2020. After the liquidation order on 12.07.2021, the Liquidator initiated e-auction of the premises. The Appellant paid Rs. 18,83,520/- on 08.02.2021, described as 'rent' for June 2021 to January 2022. The Liquidator issued notices on 04.01.2022 and 13.04.2022 for vacation of the premises. The Appellant filed R.A.D Suit No. 259 of 2022 in the Small Causes Court, Mumbai, obtaining a 'status quo' order on 28.06.2022. The NCLT passed an order on

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## Issues and analysis

### Issue 1: Whether the Appellant was a ‘tenant’or a ‘licensee’or an ‘illegal occupant' and whether the …

**Ratio:** The legal principle applied is that the relationship between the parties is determined by

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**Reasoning:** The court reasoned that the Appellant initially occupied the premises under a Leave and

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**Interpretation:** The interpretation involves distinguishing between a tenant and a licensee

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**Application:** The court applied the ratio to the facts by noting that the Appellant was

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## Parties

- **Judges:** Rakesh…; Alok Sriv…
- **Appellants:** Adinath Jewellery…
- **Respondents:** Shrenuj & C…; Brijendra Kumar…

## Timeline

- **2016-08-03 — Leave and Licence…**: Adinath Jewellery Exports entered into a Leave and Licence Agreement with Shrenuj & Co.…
- **2019-03-12 — CIRP Init…**: Corporate Insolvency Resolution Process…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 61 — Appeals and Appellate Authority](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-61)

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