Vacating Process of Land Delayed due to Monsoon Season being a hindrance to remove Glass Items: NCLAT Grants Time till Sep 15 [Read Order]

The New Delhi bench of the National Company Law Appellate Tribunal (NCLAT) has granted time to the lessee till september 15 of 2025 to vacate the premises on finding that the vacating process got delayed due to the monsoon season, which hindered the removal of items consisting of glass.

Gautam Solar Pvt. Ltd. & Anr, the appellants are the alleged lessee of Respondent No. 2 of the Haridwar Property by virtue of two lease deeds dated 15.02.2024. Counsel for the appellant has submitted that both the lessees are carrying on their business in the manufacturing, trading of solar panels, EPC of solar energy devices and parts there off as solar street lighting systems, solar home lighting systems, solar water pumping systems, steel structure fabrication, galvanizing for use in solar energy devices and it’s all parts & accessories.

The impugned order was directly effecting the possession of the appellants, therefore, the present appeal has been filed in which notice was issued on 24.10.2024 and it was directed by this court that in the meantime, “in pursuance of the Impugned Order, Plants and Equipment may not be removed and demolition be carried on the subject land”.

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Counsel for the appellant has submitted that further an order was passed by the court on 22.11.2024 as per which the appellants were directed to deposit the rent w.e.f August, 2024 @ Rs. 10,00,000/- p.m. i.e. Rs. 7.5 lakhs by appellant no. 1 and Rs. 2.5 lakhs by appellant no. 2 for both the premises, on or before 7th day of each calendar. It is submitted that the rent from August, 2024 till August, 2025 has continuously been deposited by way of pay order to Pay & Accounts Officer, Ministry of Corporate Affairs, New Delhi.

Both the appellants, in any case, would have to vacate the premises in question but he has requested for granting reasonable time for the said purpose because the material of both the appellants, lying in the demised premises is made of glass and is in huge quantity which requires at least three months’ time for its removal/shifting.

The land under the shed is allegedly owned by M/s Himalayan Minerals Waters Pvt. Ltd. which is also in CIRP in which Mr. Bhoopesh Gupta has been appointed as the RP and the building/shed constructed over the land is claimed by Respondent No. 2 and 3 as belonging to them, therefore, the amount of rent which has been generated on the premises in question and is lying deposited by order dated 22.11.2024 is required to be apportioned accordingly.

Counsels appearing on behalf of the Respondents have submitted that they are not averse to grant of time to vacate the premises in question but have strongly objected to the period of three months as prayed for by the appellants. It is submitted by them that the appellant is already in possession from the last 9 months by virtue of the order passed by this court therefore, the time, asked for by the appellant, may be reduced to half.

Counsel for the Respondent has also submitted that the amount of rent lying in this court may be deposited in an escrow account and liberty may be given to them to file an appropriate application before the Tribunal for claiming the said amount in accordance with law. It is also submitted that, in so far as, Respondent No. 1 is concerned, the resolution plan submitted by Poly Medicure Ltd. is under consideration because the order has been reserved by the Ld. Tribunal and has not been pronounced so far.

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It was evident that the appellants had to remove the material lying in the demised premises, which is enormous as appears from the photograph attached, coupled with the fact that it consists of glass which has to be carefully removed and the fact that the monsoon season is still going on.

The coram comprising Justice Rakesh Kumar Jain, Member (Judicial), Justice Mohammad Faiz Alam Khan, Member (Judicial) and Naresh Salecha, Member (Technical) grants time till 15.09.2025 to both the appellants to vacate the premises in question. It is made clear to the appellant that they have to deposit the rent of 15 days of the month of September, 2025 on or before 03.09.2025 in terms of the earlier order passed by the court on 22.11.2024.

Further held that “ In so far as, the amount which has been deposited by the appellants in this court from August, 2024 till August, 2025 is concerned the same shall be released by the Pay & Accounts Officer, Ministry of Corporate Affairs, New Delhi to the RP along with the rent from 01.09.2025 to 15.09.2025 which is yet to be deposited on furnishing his identification in accordance with law.”

The RP of Respondent No. 1 is further directed to deposit the said amount in an escrow account and shall immediately file an application before the Tribunal for obtaining an order of disbursement of the amount of rent to the party concerned or as per their entitlement.

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