Debtor is merely an afterthought, which is further evident from the fact that the Corporate Debtor itself requested the Landlady Mrs. Jaishree Bajoria to give a consent letter to the Bank and by an email dated 7th March, 2016, requested her for the said consent letter to be forwarded to the Banker of the Corporate Debtor for sanction of certain loan facilities to the Corporate Debtor. Accordingly, Mrs. Jaishree Bajoria for herself and on behalf of the Operational Creditor duly gave a letter to the Bankers of the Corporate Debtor, by letter dated 7th March, 2016 allowing the bank official to enter into the leased premises for inspection purposes. It is submitted that Mrs. Jaishree Bajoria, the Lessor for herself and on behalf of the Operational Creditor once again reiterated that the consolidated monthly rentals including all amenities charges is Rs.1,50,000/- per month. If the Corporate Debtor was dissatisfied with the leased premises or if there was any dispute, the Corporate Debtor would not have sought permission from the Operational Creditor to cite the leased out premises at the time of obtaining loan from the Bank. It is submitted that no notice demand/dispute has ever been served upon the Operational Creditor prior to the receipt of the statutory notice of demand by the Corporate Debtor. As such, there is no existence of preexisting dispute by and between the Operational Creditor and the Corporate Debtor. It is submitted that the lease was renewed willfully by the Operational Creditor vide letter their dated 16th October, 2017. Subsequently, the lessor prepared a Memorandum of Understanding dated 31st December, 2017 which was replied to by a letter of the Corporate Debtor dated 15th January, 2018, pursuant to which lease deed dated 12th March, 2018 was executed with 10% increase in the consolidated rentals and service charges from Rs. 1,50,000/- to Rs. 1,65,000/- per month. The Operational Creditor has denied all other averments made in the reply affidavit.
