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Showing contexts for: backdated agreements in Reliance Realty Limited vs Altruist Customer Management India ... on 9 March, 2026Matching Fragments
g. You had also failed to deposit GST which was collected from us on certain months' forms part of the dispute.
h. Since there is a definitive dispute between the Parties as stated above, your alleged demand cannot be under the purview of the IBC/NCLT..."
65. From the above, we note that Section 8 notice and subsequent Section 9 petition rely heavily on the leave and license agreement signed between the Appellant - RRL and CD - Altruist on 29th March 2019. Company Appeal (AT)(Insolvency) No. 2077 of 2024 46 of 53 Even though it is signed on 29.03.2019 but the "license shall commence from 28 Nov. 2018" (Clause (a) of Article II relating to license fees) clearly stands out. A question arises that, if it has to be read as a standalone agreement why from a backdate of 28 Nov. 2018. Further, schedule of property mentioned herein in this L & L agreement is same as with any other documents i.e. MOS & MOU. Memorandum of Settlement says about contractual obligations and also states rent would be Rs.49,97,788/-, which was the total rent which was supposed to be charged after three months in proportion to 20:80 ratio and lock in period was one year. A similar obligation in Clause (a) of Article (ii) under leave and License Agreement of 29.03.2019 [@119 APB] also proves the facts that lease was supposed to commence from 28.11.2018, which is much prior from the execution of the said lease documents. Therefore, we find that claiming that the lease of 29th March 2019 has no reference of Memorandum of Settlement or other documents dated 20.08.2018 is incorrect and needs further determination. We find that as contract of lease came into existence due to the existence of Memorandum of Settlement, Memorandum of Understanding and Letter of Undertaking executed. Therefore, contract will be implied by law or by the conduct of the parties and creates legally binding obligation even without written and spoken terms in the said lease deed and all the documents had to be read con-jointly not separately.