# In the matter of International Mega Food Park Limited IA Nos.133, 582 & 807-2022 in CP (IB) No.174-Chd-Chd-2018

> NCLT judgment dated 2023-06-02. Citation: TCN-2023-NCLT-05497. International Fresh Farm Products India Limited filed an application (IA No. 133/2022) against…

- **Court:** NCLT
- **Order date:** 2 Jun 2023
- **Citation:** TCN-2023-NCLT-05497
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/international-mega-food-park-limited-ia-nos133-582-807-2022-in-cp-ib-no174-chd-c-11d39848

## Summary

### Background

Sukinder Singh, a Suspended Director of International Mega Food Park Limited, filed applications (IA No. 582/2022 and 807/2022) against the RP, alleging omissions and commissions, failure to manage the Corporate Debtor as a going concern, and irregularities in accepting a bank guarantee.

## Facts

Small Industries Development Bank of India (SIDBI) initiated Corporate Insolvency Resolution Process (CIRP) against International Mega Food Park Limited.

International Fresh Farm Products India Limited filed IA No. 133/2022 seeking rent payment from the RP of International Mega Food Park Limited.

Sukinder Singh, Suspended Director of International Mega Food Park Limited, filed IA No. 582/2022 and 807/2022 against the RP.

A lease agreement dated 20.03.2014 was entered between Mr. Pardeep Gupta and Mr. Sukinder Singh, but the Corporate Debtor was not mentioned in the agreement.

The RP stated that the applicant (International Fresh Farm Products India Limited) is a related party of the Corporate Debtor, holding 49.33% shareholding.

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## Issues and analysis

### Issue 1: Whether International Fresh Farm Products India Limited is entitled to claim rent from the …

**Ratio:** The lease agreement was between two individuals and did not create any legal obligation

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**Reasoning:** The agreement did not mention the Corporate Debtor, and the use of the premises by the

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**Interpretation:** The NCLT interpreted that a direct contractual relationship is required for a

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**Application:** The NCLT dismissed the application, finding no legal basis for the rent claim

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## Parties

- **Judges:** Harnam Singh…; SUBRATA KUM…
- **Appellants:** Small Industries…; International…; +1 more
- **Respondents:** International…; M/s International…; +3 more
- **Other parties:** Ajay Y…; Lata Y…; +1 more
- **Advocates:** Manuj Na…; Sahil T…; +1 more

## Timeline

- **2014-03-20 — Lease Agr…**: A lease agreement was executed between Mr. Pardeep Gupta and Mr. Sukinder Singh for the…
- **2019-03-28 — Commencement…**: CIRP commenced against…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 60(5) — Adjudicating Authority for corporate persons](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-60)

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