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2. Brief facts of the case to be noticed for deciding the Appeal are:-

2.1. Appellant by Registered Deed of Conveyance dated 22.03.2007 by West Bengal Housing Infrastructure Development Corporation Limited, acquired a piece and parcel of land containing an area of 8 acres situated in Street No. MAR situated within Mouza Jatragaachi in New Town within Police Station Rajarhat, District Parganas North. Appellant by a Registered Lease Deed dated 31.03.2007 demarcated portion of the above premises containing an area of 3.5 acres leased out to the Corporate Debtor for consideration of rent of Rs.20,000/- per month exclusive of the rates and taxes. Under the Lease Deed dated 31.03.2007, the Corporate Debtor was entitled to erect, construct and build on the demised land. A Share Subscription and Shareholders Agreement dated 07.08.2008 was entered between the Appellant, 'Rishima SA Investments LLC'- the Corporate Debtor (earlier known as Shristi Hotel Private Limited) under which Rishima SA acquired 35% shareholding of the Corporate Debtor and Appellant had 65% shareholding. Corporate Debtor obtained financial assistance from the Yes Bank, on default being committed in repayment of the loan to the Yes Bank.

11. Registered Lease Deed was executed between the parties on 31.03.2007 which registered lease does not even refer to the FMA dated 29.03.2007 entered between the Appellant and the Corporate Debtor as claimed by the Appellant whereas Registered Lease refers to earlier conveyance deed dated 22.03.2007 by Westbengal Housing Infrastructure Development, the terms and conditions of the lease deed under which 3.5 acres land area was demised to the Corporate Debtor. In clause 1 states as follows:-