Gautam Mittal Resolution Professional ... vs Mp Warehousing And Logistics ...

Mr. Abhishek Garg, Mr.Gautam Mittal, RP in person for appellant.

ORDER

(Through Virtual Mode)

23.03.2021- I.A. No.15/2021 filed by Resolution Professional under

Section 60(5) of the I&B Code for recovery of amount due on account of

lease rent was turned down by the Adjudicating Authority, National

Company Law Tribunal, Indore Bench at Ahmedabad, Court 1 in terms

of impugned order dated 5th February, 2021.

Feeling aggrieved thereof the appellant has preferred the instant

appeal and submitted that the Adjudicating Authority has not considered

the merits of the matter.

After hearing learned counsel for the appellant we find no reason

to take a view different from the one taken by the Adjudicating Authority.

The amount claimed as arrears of lease rent due has nothing to do with 2.

CIRP of the Respondent/Corporate Debtor. Appellant said to be in the

business of leasing out its godowns, may be entitled to recover the arrears

of lease rental from the Respondent but Adjudicating Authority is not the

recovery forum. We find no merit in the appeal. The appeal is accordingly

dismissed. However, the dismissal of this appeal will not in any manner

affect the rights of the appellant to recover the lease rental from

Respondent in accordance with law.

(Justice Bansi Lal Bhat) Acting Chairperson

(Dr. Ashok Kumar Mishra) Member (Technical) Bm/gm