Janhavi Dixit Vs. Mr. Rajat Mukherjee Liquidator of Enviiro Bulkk Handling Systems Pvt. Ltd. – NCLT Mumbai Bench
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The Adjudicating Authority observed that in view of the liquidation order dated 16.12.2020, the Applicants are directed to approach the liquidator with proper details of their claims in respect of the salary dues for the CIRP period. The liquidator shall decide the same in accordance with law. Applicant No. 4 has claimed a sum of Rs. 69,73,619/- towards superannuation benefits apart from salary during CIRP. As far as this claim is concerned, major portion of the claim relates to pre-CIRP period and thus he has to file the claim as an Operational Creditor and the liquidator should consider the same in accordance with Law.
Adjudicating Authority held that in our considered opinion the detailed appraisal of the terms and conditions of the lease and their ramifications including application of the force majeure clause would require an incisive judicial enquiry. It would not be possible for this Authority to go there into by in a summary proceeding as the present one. Since the Corporate Debtor is under CIRP, it would also be not appropriate for the Respondent to continue in the lease premises. His continuance in the shop would thwart the resolution process and would frustrate the object of the Code. It would accordingly be appropriate to direct the Respondent to handover the vacant possession of the shop room to the Applicant. The Applicant may approach the appropriate judicial forum for realisation of the outstanding rent. The realisation of the rent for the period of lockdown imposed in the area would be prejudicial. It would however be open to the appropriate judicial authority to consider the matter in the light of the effect of the pandemic on business establishments. Moreover when the Respondent did not do any business during the period.(p5-6)
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