# In the matter of JVL Agro Industries Ltd. IA No. 199-2020, CA No. 57-2020 and CA No. 58-2020 in CP No.(IB) 223-ALD-2019

> NCLT judgment dated 2021-08-06. Citation: TCN-2021-NCLT-01412. The case involves applications related to CA No. 57/2020 and CA No. 58/2020 in CP No.(IB)…

- **Court:** NCLT
- **Order date:** 6 Aug 2021
- **Citation:** TCN-2021-NCLT-01412
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/jvl-agro-industries-ltd-ia-no-199-2020-ca-no-57-2020-and-ca-no-58-2020-in-cp-noi-76fc7160

## Summary

### Background

The case involves applications related to CA No. 57/2020 and CA No. 58/2020 in CP No.(IB) 223/ALD/2019. The issues involved are common and pertain to the rent for the premises used by JVL Agro Industries Ltd. The applicant, Shri Suprriyo Kumar Chaturi (Liquidator of JVL Agro Industries Ltd), seeks to direct Jhunjhunwala Oil Mills Ltd to pay the rent for the premises and vacate them. Standard Chartered Bank is the financial creditor, and JVL Agro Industries Ltd. is the corporate debtor. The Corporate Debtor is using the premises and has shifted its registered office in Feb-March, 2018, however, it has failed to pay the rent for the said premises. NOC confirms shifting of the registered office but no confirmation that the rent will not be charged.

## Facts

Shri Suprriyo Kumar Chaturi, the liquidator of JVL Agro Industries Ltd, filed applications seeking to direct Jhunjhunwala Oil Mills Ltd to pay rent for the premises used by JVL Agro Industries Ltd and to vacate the premises. Standard Chartered Bank is the financial creditor. JVL Agro Industries Ltd. is the corporate debtor. The Corporate Debtor is using the premises and has shifted its registered office in Feb-March, 2018, however, it has failed to pay the rent for the said premises. NOC confirms shifting of the registered office but no confirmation that the rent will not be charged. The Corporate Debtor had shifted its registered office to the premises in February-March 2018. The applicant was unable to meet its timely commitment towards its financial institution

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## Issues and analysis

### Issue 1: Whether Jhunjhunwala Oil Mills Ltd. should be directed to pay rent for the premises used by JVL …

**Ratio:** The court has the authority to direct the payment of rent for premises used by a

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**Reasoning:** The court observed that JVL Agro Industries Ltd. is using the premises for commercial

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**Interpretation:** The court interprets the lack of a formal rent agreement as not negating the

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**Application:** The court applies this principle to the specific facts of the case, where JVL

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## Parties

- **Judges:** (RETD.) RAJESH…
- **Appellants:** SUPRRIYO KUMAR…
- **Respondents:** JVL Agro Industrie…; JHUNJHUNWALA OILS…

## Timeline

- **2018-02-01 — Shifting of Registered…**: Corporate Debtor shifted its registered…
- **2018-08-01 — Email sent by…**: Email dated 28.08.2018 sent by Jhunjhunwala Oil Mills Ltd. to JVL Agro Industries Ltd.…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 7 — Initiation of corporate insolvency resolution…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-7)

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