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Landlord's Eviction Rights Post-Moratorium: Tribunal's Clarifications The Tribunal clarified that the landlord could seek eviction of the Corporate Debtor post-moratorium period, following due process of law. The ...
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Landlord's Eviction Rights Post-Moratorium: Tribunal's Clarifications
The Tribunal clarified that the landlord could seek eviction of the Corporate Debtor post-moratorium period, following due process of law. The Adjudicating Authority lacked competency to issue eviction orders. The Tribunal emphasized that determination of the landlord-tenant relationship was outside its jurisdiction. The appeal was disposed of with clarifications, and no costs were awarded.
Issues involved: Challenge to approval of resolution plan by Adjudicating Authority, Possession of premises not handed over by Corporate Debtor, Applicability of Section 14 of the Insolvency and Bankruptcy Code, 2016, Competency of Adjudicating Authority to order eviction.
Analysis: The Appellant, as the landlord of the registered office of the Corporate Debtor, challenged the order approving the resolution plan by the Adjudicating Authority. The grievance was that despite the tenancy agreement ending, the possession of the premises was not handed over to the Appellant.
The Tribunal considered the provisions of Section 14 of the Insolvency and Bankruptcy Code, 2016, which prohibits eviction during the moratorium period. The moratorium period had ended on the date of approval of the resolution plan. The Tribunal clarified that now the Appellant could seek eviction of the Corporate Debtor if still in occupation, following the due process of law. However, the Adjudicating Authority was not the competent authority to issue such eviction orders.
It was emphasized that the Tribunal's observations did not determine the landlord-tenant relationship between the parties, as that falls under the jurisdiction of a court of competent authority. The appeal was disposed of with the above clarifications, and no costs were awarded in the matter.
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