# In the matter of Dilip Chhabria Design Pvt. Ltd.

> NCLT judgment dated 2023-11-22. Citation: TCN-2023-NCLT-00614. The applicant, Spine Properties Private Limited, filed an application seeking directions for…

- **Court:** NCLT
- **Order date:** 22 Nov 2023
- **Citation:** TCN-2023-NCLT-00614
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/dilip-chhabria-design-pvt-ltd-9f8df817

## Summary

### Background

The applicant, Spine Properties Private Limited, filed an application seeking directions for payment of outstanding amounts, including rent, maintenance, and electricity charges, from the corporate debtor, Dilip Chhabria Design Private Limited, treating them as Insolvency Resolution Process Costs. The applicant also sought vacation of the leased premises and adjustment of the security deposit.

## Facts

M/s Spine Properties Private Limited, the applicant, filed IA 169_2021 against M/s Dilip Chhabria Design Private Limited, the corporate debtor, and Sh. Jitendrakumar Rambaran Yadav, the Resolution Professional. The applicant sought payment of Rs. 1,29,82,442/-, which included interest, maintenance, and electricity charges, to be treated as insolvency resolution process cost. The applicant also requested the vacation of the leased premises and the claim of security deposit only after payment of the admitted pre- CIRP claim under section 40 of the Insolvency & Bankruptcy Code, 2016. The Corporate Insolvency Resolution Process (CIRP) for Dilip Chhabria Design Private Limited commenced on September 17, 2019, and the applicant was confirmed as the Resolution

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## Issues and analysis

### Issue 1: Whether the outstanding rent, maintenance charges, and electricity charges for the period post-CIRP …

**Ratio:** Amounts due to an owner or lessor for property occupied by the corporate debtor during

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**Reasoning:** The NCLT reasoned that the corporate debtor's continued occupation of the premises was

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**Interpretation:** The court interpreted **section 14(1)(d)** and **Regulation 31** to mean that

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**Application:** The rent, maintenance charges, and electricity charges for the period from

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## Parties

- **Judges:** Prabhat…; V.G. B…; +1 more
- **Appellants:** Spine Properties…
- **Respondents:** Dilip Chhabria…; Jitendrakumar…; +1 more
- **Advocates:** For the Applicant:…; A.K. Mishra…

## Timeline

- **September 17, 2019 — CIRP Commen…**: The Corporate Insolvency Resolution Process (CIRP) commenced for Dilip Chhabria Design…
- **November 6, 2019 — RP Confir…**: The applicant, Jitendrakumar Rambaran Yadav, was…

## 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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