The case involves a petition transferred from the Hon'ble High Court at Bombay Judicature. Initially, a petition was filed under Ordinary Original Civil Jurisdiction on October 28, 2016, before the High Court for winding up Kerkar Fitness Pvt. Ltd., invoking sections 433(e) and 434 of the Companies Act, 1956, due to a debt of ₹7,08,094 (principal) and ₹3,50,564 (interest). The petition was later transferred to the NCLT. The petitioner, Deepak Jain HUF, was the licensor of premises used by the corporate debtor, Kerkar Fitness Pvt. Ltd., under a Leave and Licence agreement dated November 11, 2011. The corporate debtor vacated the premises on January 2, 2014, without informing the petitioner and allegedly damaged the premises. The petitioner claimed unpaid license fees,
…Deepak Jain HUF, the petitioner, entered into a Leave and Licence agreement dated 11.11.2011 with Kerkar Fitness Pvt. Ltd., the corporate debtor, allowing the latter to use premises Unit No. 30, 31, & 32 in Rajnigandha Shopping Centre, Gokuldham, Goregaon (E), Mumbai. The monthly compensation was ₹1,12,500 for the first 12 months, with a 7.5% escalation thereafter. The corporate debtor vacated the premises on 02.01.2014 without informing the petitioner and allegedly damaged the premises. The corporate debtor failed to clear outstanding amounts up to December 2013, issuing dishonored cheques. The petitioner claimed unpaid license fees, electricity charges, repair costs, and TDS amounts. The petitioner filed criminal complaints under Section 138 of the Negotiable
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A petition was filed under Ordinary Original…
The Petitioner (Operational Creditor)…
The case involves a petition transferred from the Hon'ble High Court at Bombay Judicature. Initially, a petition was filed under Ordinary Original Civil Jurisdiction on October 28, 2016, before the High Court for winding up Kerkar Fitness Pvt. Ltd., invoking sections 433(e) and 434 of the Companies Act, 1956, due to a debt of ₹7,08,094 (principal) and ₹3,50,564 (interest). The petition was later transferred to the NCLT. The petitioner, Deepak Jain HUF, was the licensor of premises used by the corporate debtor, Kerkar Fitness Pvt. Ltd., under a Leave and Licence agreement dated November 11, 2011. The corporate debtor vacated the premises on January 2, 2014, without informing the petitioner and allegedly damaged the premises. The petitioner claimed unpaid license fees,
…Deepak Jain HUF, the petitioner, entered into a Leave and Licence agreement dated 11.11.2011 with Kerkar Fitness Pvt. Ltd., the corporate debtor, allowing the latter to use premises Unit No. 30, 31, & 32 in Rajnigandha Shopping Centre, Gokuldham, Goregaon (E), Mumbai. The monthly compensation was ₹1,12,500 for the first 12 months, with a 7.5% escalation thereafter. The corporate debtor vacated the premises on 02.01.2014 without informing the petitioner and allegedly damaged the premises. The corporate debtor failed to clear outstanding amounts up to December 2013, issuing dishonored cheques. The petitioner claimed unpaid license fees, electricity charges, repair costs, and TDS amounts. The petitioner filed criminal complaints under Section 138 of the Negotiable
…A petition was filed under Ordinary Original…
The Petitioner (Operational Creditor)…