This is an appeal against the order of the Adjudicating Authority dated 17.05.2023, which allowed an application filed under Section 19 of the IBC by the Resolution Professional. The appellant challenges the order, arguing that Respondent No. 4 was a tenant continuing from 2019 based on a rent deed, paying Rs. 1 lakh per month. The Adjudicating Authority allegedly passed the order without considering submissions and the reply of the Appellant and Respondent No. 4.
Kuldeep Anopsinh Chudasma filed an appeal against an order by the Adjudicating Authority dated 17.05.2023. The order allowed an application filed by the Resolution Professional of Yogiraj Spinning Ltd. & Ors. under Section 19 of the IBC. The appellant argued that Respondent No. 4 was a tenant since 2019 based on a rent deed, paying Rs. 1 lakh monthly. The Resolution Professional refuted this, stating the rent deed was for 61 months and unregistered. The Adjudicating Authority did not rely on the rent deed, and the NCLAT upheld this decision, dismissing the appeal. The rent deed's validity is central to the case, as unregistered documents for periods exceeding 12 months are not legally valid.
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The Adjudicating Authority passed an order…
Learned Counsel for the…
This is an appeal against the order of the Adjudicating Authority dated 17.05.2023, which allowed an application filed under Section 19 of the IBC by the Resolution Professional. The appellant challenges the order, arguing that Respondent No. 4 was a tenant continuing from 2019 based on a rent deed, paying Rs. 1 lakh per month. The Adjudicating Authority allegedly passed the order without considering submissions and the reply of the Appellant and Respondent No. 4.
Kuldeep Anopsinh Chudasma filed an appeal against an order by the Adjudicating Authority dated 17.05.2023. The order allowed an application filed by the Resolution Professional of Yogiraj Spinning Ltd. & Ors. under Section 19 of the IBC. The appellant argued that Respondent No. 4 was a tenant since 2019 based on a rent deed, paying Rs. 1 lakh monthly. The Resolution Professional refuted this, stating the rent deed was for 61 months and unregistered. The Adjudicating Authority did not rely on the rent deed, and the NCLAT upheld this decision, dismissing the appeal. The rent deed's validity is central to the case, as unregistered documents for periods exceeding 12 months are not legally valid.
The Adjudicating Authority passed an order…
Learned Counsel for the…