Eviction Of Tenant From Corporate Debtor's Property Can Be Sought Under Tenancy Law, Not U/S 60(5) Of IBC: NCLAT
2 months, 2 weeks ago

Eviction Of Tenant From Corporate Debtor's Property Can Be Sought Under Tenancy Law, Not U/S 60(5) Of IBC: NCLAT

Live Law  

The NCLAT New Delhi bench of Justice Rakesh Kumar Jain and Mr. Naresh Salecha has held that eviction of tenant from the property of corporate debtor can only be sought under the Act in which tenancy was created and such power of eviction cannot be exercised by the Adjudicating Authority under Section 60 of the Code. The Tribunal while referring to Section 18 and Section 25 of the Code observed that it is the duty of the IRP/RP to take immediate custody of all the assets of the CD, therefore, the property in question has to be repossessed by him after eviction of the present appellants and also held that the provisions of Section 238 shall prevail over and above the provisions of the Act by which the tenancy of the Appellants has been protected. Vs. State of Karnataka, the Supreme Court held that “wherever the corporate debtor has to exercise a right that falls outside the purview of the IBC, 2016 especially in the realm of the public law, they cannot, through the resolution professional, take a bypass and go before NCLT for the enforcement of such a right.” The tribunal also noted that in Gujarat Urja Vikas Nigam Ltd. Vs. Amit Gupta & Ors., the Supreme Court held that “considering the text of Section 60 and the interpretation of similar provisions in other insolvency related statutes, NCLT has jurisdiction to adjudicate disputes, which arise solely from or which relate to the insolvency of the Corporate Debtor.

Law Corporate Property Tenancy Insolvency Eviction Corporate Debtor Tenant Appellants Nclt Suit Nclat Code Section 25  law  sought  debtors  code  cd  tenant  eviction  property  corporate  appellants  suit  tenancy  vs  insolvency  nclat  ibc

History of this topic

Even If Tenant Acquires Share In Leasehold Property, Co-Owners Can Maintain Eviction Proceedings As Lease Continues: Kerala HC Reaffirms
2 months, 1 week ago

Even If Tenant Acquires Share In Leasehold Property, Co-Owners Can Maintain Eviction Proceedings As Lease Continues: Kerala HC Reaffirms

Live Law  

" There is no dispute as to the general legal proposition that while not all coowners need to be parties to an eviction petition, their consent is required for the co-owner initiating the action and such consent may be presumed in the absence of evidence to the contrary. As mentioned above, the law is well settled that even when the …

S. 106 TP Act | 15 Days' Notice To 'Tenant Holding Over' A Must Before Eviction: Orissa High Court
3 months, 2 weeks ago

S. 106 TP Act | 15 Days' Notice To 'Tenant Holding Over' A Must Before Eviction: Orissa High Court

Live Law  

The Orissa High Court has reiterated that the lessor is required to give a minimum 15-days-notice to the lessee in the nature of 'tenant holding over', as prescribed under Section 106 of the Transfer of Property Act, before seeking to evict him from his immoveable property. While deciding a regular second appeal, the Single Bench of Justice Sashikanta Mishra explained …

Property In Possession Of Corporate Debtor Sold When Petition U/S 7 Of IBC Was In Consideration Cannot Be Excluded From Assets: NCLAT
4 months ago

Property In Possession Of Corporate Debtor Sold When Petition U/S 7 Of IBC Was In Consideration Cannot Be Excluded From Assets: NCLAT

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The NCLAT Chennai bench of Justice Sharad Kumar Sharma and Jatindranath Swain has held that property that is sold which was in possession of the corporate debtor immediately before the judgment in a petition under section 7 of the IBC was reserved cannot be excluded from the purview of the assets of the corporate debtor. An IA was filed by …

Corporate Debtor's Property Cannot Be Recovered By Owner/Lessor During Moratorium Period U/S 14 Of IBC: NCLAT
4 months, 1 week ago

Corporate Debtor's Property Cannot Be Recovered By Owner/Lessor During Moratorium Period U/S 14 Of IBC: NCLAT

Live Law  

The NCLAT New Delhi bench of Justice Rakesh Kumar Jain, Mr. Naresh Salecha and Mr. Indevar Pandey affirmed that properties occupied by the corporate debtor cannot be recovered by owner/lessor during the moratorium period under section 14 of the IBC. Following alleged defaults in repayment by the CD, two conveyance deeds dated 27.02.2020 were executed, resulting in the sale of …

AA Empowered To Direct Tenant To Vacate Premises Of Corporate Debtor: NCLAT Delhi
2 years, 2 months ago

AA Empowered To Direct Tenant To Vacate Premises Of Corporate Debtor: NCLAT Delhi

Live Law  

The National Company Law Appellate Tribunal, Principal Bench, comprising of Justice Ashok Bhushan, Dr Alok Srivastava and Mr. Barun Mitra, while adjudicating an appeal filed in M/s. Ltd. & Anr., has held that the Adjudicating Authority is empowered under Section 60 of IBC to direct a tenant to vacate the property of Corporate Debtor. The NCLAT Bench has upheld the …

Civil Court Has Power To Try Pending Eviction Suits, If The Suit Property Comes Under Notified Area During Pendency: SC [Read Judgment]
8 years, 5 months ago

Civil Court Has Power To Try Pending Eviction Suits, If The Suit Property Comes Under Notified Area During Pendency: SC [Read Judgment]

Live Law  

The Supreme Court in Rajender Bansal & Ors. Vs. Bhuru, has held that a civil court would not cease to have jurisdiction to try a pending suit of eviction if the suit property came under the notified area during pendency of the suit.The bench comprising Justice AK Sikri and Justice NV Ramana summarised the following principles laid down in several …

Civil Court Has Power To Try Pending Eviction Suits, If The Suit Property Comes Under Notified Area During Pendency: SC [Read Judgment]
8 years, 5 months ago

Civil Court Has Power To Try Pending Eviction Suits, If The Suit Property Comes Under Notified Area During Pendency: SC [Read Judgment]

Live Law  

The Supreme Court in Rajender Bansal & Ors. Vs. Bhuru, has held that a civil court would not cease to have jurisdiction to try a pending suit of eviction if the suit property came under the notified area during pendency of the suit.The bench comprising Justice AK Sikri and Justice NV Ramana summarised the following principles laid down in several …

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