# In the matter of

> NCLT judgment dated 2024-07-03. Citation: TCN-2024-NCLT-01077. The Interlocutory Application (I.A. No. 455 of 2021) was filed by Mala Verma, the Applicant,…

- **Court:** NCLT
- **Order date:** 3 Jul 2024
- **Citation:** TCN-2024-NCLT-01077
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/6067c757

## Summary

### Background

The Interlocutory Application (I.A. No. 455 of 2021) was filed by Mala Verma, the Applicant, seeking directions against Mr. Pankaj Srivastava, the Resolution Professional (RP) and Respondent, under Section 60(5) of the Insolvency & Bankruptcy Code, 2016. The Applicant sought the appointment of an Interim Resolution Professional (IRP) for the Corporate Insolvency Resolution Process (CIRP) of the Corporate Debtor, Global Energy Private Limited, and directions for the IRP to pay rent accrued during the CIRP process for the premises used by the Corporate Debtor, as well as to return possession of the premises. The Corporate Debtor was undergoing CIRP pursuant to an admission order dated 06.05.2022.

## Facts

Mala Verma, a senior citizen, leased property at 2, Panchsheel Community Centre, New Delhi, to Global Energy Private Limited (Corporate Debtor) under a lease agreement dated 12.01.2018 for three years. The Corporate Debtor defaulted on rent payments, GST, and TDS deposits. Mala Verma issued a termination notice in April 2020, demanding vacation of the premises. The notice was sent via email on 22.04.2020 and through speed post on 20.05.2020, but the speed post was returned with the message 'Door Locked'. On 02.12.2019, the NCLT, Mumbai Bench, admitted an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, against the Corporate Debtor and appointed Mr. L.V. Shyamsundar as the IRP. An appeal was filed against the admission order before the NCLAT. The

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## Issues and analysis

### Issue 1: Whether the rent accrued during the CIRP process for the premises used by the Corporate Debtor …

**Ratio:** Regulation 31(b) of the Insolvency and Bankruptcy Board of India (Insolvency Resolution

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**Reasoning:** The NCLT relied on the fact that the Respondent had handed over possession of the

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**Interpretation:** The legal issue revolves around the interpretation of Regulation 31(b) and the

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**Application:** In this case, the Applicant sought payment for rent accrued during the CIRP

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## Parties

- **Judges:** Reeta K…; Madhu S…
- **Appellants:** Mala V…
- **Respondents:** Global Energy…; Pankaj Sriv…

## Timeline

- **2018-01-12 — Lease Agr…**: Mala Verma entered into a lease agreement with Global Energy Private Limited for a period…
- **2019-12-02 — CIRP Init…**: NCLT, Mumbai Bench, admitted an application under Section 9 of the Insolvency and…

## 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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