Decree of Civil Court is sufficient to put the claim for arrears of rent under Section 14(1)(a) and not under14(1)(d) of IBC and CIRP Regulation 31(b) is not applicable – Ms. G. Swathi Vs. Mr. Bathina Venka Reddy Liquidator of DQ Entertainment (International) Pvt. Ltd. and Ors. – NCLT Hyderabad Bench
Hon’ble NCLT Hyderabad Bench held that the claim of the Applicant does not fall under Section 14(1)(d), but under Section 14(1)(a) as he has filed civil suit for the recovery of possession etc. The decree of Civil Court has already been passed in favour of the Applicant vide judgment dated 21.06.2022 in Civil Suit bearing No.215 of 2021. The decree of the Civil Court is sufficient to put the claim for arrears of rent under Clause 14(1)(a) and not under14(1)(d).