# In the matter of Aircel Ltd. MAs 492, 987 & 945-2018 in CP (IB)-298-(MB)-2018

> NCLT judgment dated 2018-10-16. Citation: TCN-2018-NCLT-00556. The case involves three Miscellaneous Applications (MA 492/2018, MA 987/2018, and MA 945/2018)…

- **Court:** NCLT
- **Order date:** 16 Oct 2018
- **Citation:** TCN-2018-NCLT-00556
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/aircel-ltd-mas-492-987-945-2018-in-cp-ib-298-mb-2018-13e4e7d1

## Summary

### Background

The case involves three Miscellaneous Applications (MA 492/2018, MA 987/2018, and MA 945/2018) filed in the matter of Aircel Limited's insolvency proceedings. These applications were filed by operational creditors (Chirag Associates Pvt. Ltd., Kanhaiya Beverages Pvt. Ltd., and Industrial Associates) seeking various reliefs related to unpaid rent and electricity dues. Aircel Limited is undergoing Corporate Insolvency Resolution Process (CIRP), and a moratorium has been declared. The applicants are seeking directions to the Resolution Professional (RP) to address these outstanding payments and vacate premises.

## Facts

Chirag Associates Pvt. Ltd. filed MA 492/2018 stating they are the owner of a property rented to Aircel Limited, the Corporate Debtor, and rent was unpaid from 19.05.2017 to 31.12.2017. A moratorium was declared in Aircel's insolvency case on 12.03.2018. Chirag Associates also provided electricity to Aircel, but Aircel failed to pay an electricity bill of ₹20,79,620 for the period 01.02.2018 to 09.03.2018. BSES issued a show-cause notice for disconnection. Industrial Associates filed MA 987/2018 as the owner of a building leased to Aircel, seeking to vacate the premises and recover pending amounts. Kanhaiya Beverages Pvt. Ltd. filed MA 945/2018 as the lessor of land and building to Aircel, seeking similar reliefs. Aircel had occupied numerous premises across the

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## Issues and analysis

### Issue 1: Whether the Corporate Debtor should be directed to pay outstanding rent to the operational …

**Ratio:** The principle is that during the CIRP, the corporate debtor must continue to meet

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**Reasoning:** The court recognized that the Debtor Company had not paid rent to the owners of the

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**Interpretation:** The interpretation is that while the moratorium is in place, the corporate

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**Application:** The court directed the Resolution Professional to arrange funds so that the

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## Parties

- **Judges:** M.K. Sh…
- **Appellants:** Chirag Associates…
- **Respondents:** Aircel Li…

## Timeline

- **2018-03-12 — Moratorium Pr…**: Moratorium was pronounced in the case of Aircel Limited by admitting the Petition and IRP…
- **2018-03-14 — Letter t…**: The Applicant informed the IRP that the Debtor Company had not paid the Electricity Bill…

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