The Appellant, claiming to be an Operational Creditor, provided a portion of her premises to the Respondent under a Leave and License Agreement. A dispute arose regarding the rate of rent, with the Respondent defaulting on payments. The Appellant issued a demand notice under Section 8(1) of the Insolvency and Bankruptcy Code (IBC), but the Respondent did not respond. The Appellant then filed an application under Section 9 of the IBC before the Adjudicating Authority (National Company Law Tribunal), Kolkata Bench, which was rejected on the grounds that a pre-existing dispute existed regarding the rate of rent. The Appellant then filed an appeal against the order of rejection.
Sarla Tantia, the Appellant (Operational Creditor), leased a portion of her premises to Ramaanil Hotels & Resorts Pvt. Ltd., the Respondent (Corporate Debtor), under a Leave and License Agreement executed on January 1, 2016. The agreement stipulated a license fee of Rs.88 per sq. ft. per month, calculated on the 'super built up area' of 2281 sq. ft. The Respondent defaulted on rent payments, leading the Appellant to issue a demand notice under Section 8(1) of the IBC on January 1, 2018, which was served on January 2, 2018. The Respondent did not respond to the notice. The Appellant then filed an application under Section 9 of the IBC. The Adjudicating Authority rejected the application, citing a pre-existing dispute regarding the rate of rent. The Respondent had
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Leave and License Agreement executed between…
Ramaanil Hotels & Resorts Pvt. Ltd. paid…
The Appellant, claiming to be an Operational Creditor, provided a portion of her premises to the Respondent under a Leave and License Agreement. A dispute arose regarding the rate of rent, with the Respondent defaulting on payments. The Appellant issued a demand notice under Section 8(1) of the Insolvency and Bankruptcy Code (IBC), but the Respondent did not respond. The Appellant then filed an application under Section 9 of the IBC before the Adjudicating Authority (National Company Law Tribunal), Kolkata Bench, which was rejected on the grounds that a pre-existing dispute existed regarding the rate of rent. The Appellant then filed an appeal against the order of rejection.
Sarla Tantia, the Appellant (Operational Creditor), leased a portion of her premises to Ramaanil Hotels & Resorts Pvt. Ltd., the Respondent (Corporate Debtor), under a Leave and License Agreement executed on January 1, 2016. The agreement stipulated a license fee of Rs.88 per sq. ft. per month, calculated on the 'super built up area' of 2281 sq. ft. The Respondent defaulted on rent payments, leading the Appellant to issue a demand notice under Section 8(1) of the IBC on January 1, 2018, which was served on January 2, 2018. The Respondent did not respond to the notice. The Appellant then filed an application under Section 9 of the IBC. The Adjudicating Authority rejected the application, citing a pre-existing dispute regarding the rate of rent. The Respondent had
…Leave and License Agreement executed between…
Ramaanil Hotels & Resorts Pvt. Ltd. paid…