Comments
When the landlord’s claim of unpaid rent itself is under dispute and hence not crystallized as dues, he is not entitled to file a petition for winding up of the tenant-company held the Supreme Court in Raju Jhurani v Ceminda Pvt Ltd .
The winding up court is not the forum for dealing with tenant-landlord disputes. These disputes have to be resolved in suits for recovery of rent. The appellant-landlord in this case had successfully got the company-tenant evicted under the rent control law prevailing in Calcutta but that law did not provide for resolving disputes relating to rents. The appellant pleaded that he had no option but to petition for winding up.
Rejecting this argument, the apex court said the winding up court cannot be burdened with matters that involve considerable time and examination of evidence.
Comments
COMMENT NOW
Comments
Comments have to be in English, and in full sentences. They cannot be abusive or personal. Please abide by our community guidelines for posting your comments.
We have migrated to a new commenting platform. If you are already a registered user of TheHindu Businessline and logged in, you may continue to engage with our articles. If you do not have an account please register and login to post comments. Users can access their older comments by logging into their accounts on Vuukle.