In the matter of Imeco Limited Ma (IBC)-1(KB) 2022 in C.P. (IB)-892(KB) 2019
Case brief
What is this about?
The Tribunal rejected an application by LVS Properties LLP for ejectment of its tenanted property and admission of a claim for enhanced rent and municipal taxes from Imeco Limited, holding the application non-maintainable due to delayed submission of tax claims and pending civil litigation.
What did the court decide?
Rejected the application seeking direction to vacate property and include enhanced rent plus municipal taxes.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE NATIONAL COMPANY LAW TRIBUNAL
KOLKATA BENCH
KOLKATA
MA (IBC)/1(KB) 2022
in
C.P. (IB)/892(KB) 2019
An application for initiation of Corporate Insolvency Resolution Process under Section 7 of the Insolvency and Bankruptcy Code, 2016 read with Rule 4 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules 2016;
In the matter of
Borojalingah Tea Company
….Financial Creditor
-Versus-
Imeco Limited
Issues for consideration
2 issues framed by the court
Whether an application seeking ejectment of tenanted property and inclusion of enhanced rent plus municipal taxes is maintainable under the Insolvency and Bankruptcy Code.
Whether the Adjudicating Authority can determine the claim of enhanced rent in its summary jurisdiction.
Parties & counsel
- respondent
Imeco Limited
- applicant
LVS Properties LLP
Coram
Rohit Kapoor
Case details
As recorded by the court registry
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