HUMAYAN PROPERTIES LTD Vs. BHARATI AIRTEL LTD

JUDGEMENT

(1.) THE Court :- The subject appeal would relate to an order of admission of winding up petition passed by the learned Single Judge on September 3, 2012 appearing at pages 89-93 of the paper book. The factual scenario as would appear from the pleadings would depict, the appellant was the owner of a premises at No.1, Humayan Place, Kolkata, wherein the respondent obtained a tenancy in respect of a shop room. Under the Agreement dated April 28, 2008 the respondent was to keep in deposit a sum of Rs.25 lacs that was to be refunded at the time of surrendering of tenancy and/or handing over of possession.

(2.) BY a letter dated February 5, 2010 appearing at pages 54-56 of the paper book the tenant surrendered the tenancy and asked for refund. The relevant extract is quoted below:

(3.) THE learned Single Judge by a judgment and order dated September 3, 2012 admitted the winding up petition. His Lordship observed that the Company could at best ask for rent upto August, 2010 and upon deduction the balance sum must be paid to the respondent. His Lordship directed refund of Rs.25 lacs together with the contractual rate of interest @24% p.a. after deducting the principal amount of rent of Rs.2.7 lacs together with interest @8.33 % p.a. Being aggrieved, the appellant preferred the instant appeal. At the pre-admission stage, we declined to pass any interim order. The appellant approached the Apex Court. The