The Delhi High Court Directed NCLT to consider the landlord’s application for seeking vacation and handover of leased property.
The court noted that it has been informed that the next date of hearing before the NCLT, New Delhi is scheduled to be 22nd July, 2024. Considering the facts, the NCLT, New Delhi was directed by the court to take up the Petitioner’s interim applications and to decide the same expeditiously.
It is the case of the Petitioner that he is the lawful owner and landlord of the industrial plot situated in Khasra Nos. 151//16/3, 24/2, 25 located in Village Roahd, Distt. Jhajjar, Haryana admeasuring 5412 Sq. Mtrs. including 25000 Sq. Ft. of constructed area. In 2012, this property was leased to the Respondent company for an initial period of nine years commencing from 1st December, 2012. The said term expired in December 2021; however, the possession has not yet been returned to the Petitioner. Furthermore, the Petitioner asserts that the Respondent has defaulted in payment of rent since 2018 and the arrears are now amounting to more than Rs. 2 crores.
In fact, the Petitioner also filed a civil suit for recovery of possession before the Civil Court at Bahadurgarh, Haryana, however, since Corporate Insolvency Resolution Proceedings had been initiated against the Respondent, the proceedings in the Civil Suit could not continue on account of the moratorium under the Insolvency and Bankruptcy Code, 2016.
In such circumstances, the Petitioner has filed three applications before the NCLT, Delhi, however, the said applications have not been adjudicated since 2022.
Case Information
Case Name: Vikas Chopra V/S M/S Vhv Beverages Pvt. Ltd.
Judicial Level & Location : High Court Of Delhi
Case Number : W.P.(C) 9511/2024
Date of Ruling : 15/07/2024
Ruling in favor of: Petitioner
Judges: Justice Sanjeev Narula
Counsel for Petitioner: Mr. Adarsh Tripathi, Mr. Vikram S. Baid and Mr. Ajitesh Garg, Advocates.
