- (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: "That, you hereby agree that upon finalization of the handing over of the vacant and peaceful possession of the above mentioned show room, you shall owe no amount towards the rent and service charge for the above mentioned show room. " The letter was received and accepted by the appellant on February 18, 2010. From the letter appearing at page 53 dated April 6, 2010 we find, the respondent put the appellant on notice that since possession had already been handed over and the same had been accepted by the landlord, they would be entitled to refund of Rs.25 lacs. Neither of the said letters were replied to. The Advocate for the respondent served a statutory notice of demand on July 27, 2011 appearing at pages 50-60 of the paper book demanding the said sum together with interest @18% p.a. The appellant did not give reply to the statutory notice of demand resulting in winding up proceeding initiated at the instance of the respondent.
(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;