2025 (7) TMI 853 - SCH - IBC

Landlord cannot recover premises used as corporate debtor's registered office during insolvency moratorium period

The SC dismissed appeals in a case involving recovery of premises used as registered office of a corporate debtor by landlord during CIRP moratorium. The ... Recovery of premises being used as Registered Office of the corporate debtor, by the landlord JOML during the subsistence of moratorium after the initiation of CIRP - monthly rent was agreed upon and is payable to the landlord JOML by the corporate debtor, before or during the imposition of moratorium - it was held by NCLAT that 'the Adjudicating Authority did not adjudicate on the prayer made by the RP for restoration of the possession of the said premises, which it should have done to settle the dispute early.' HELD THAT:- There are no good ground and reason to interfere with the impugned judgment; hence, the present appeals are dismissed. The Supreme Court, comprising Chief Justice Sanjiv Khanna, Justice Sanjay Kumar, and Justice Joymalya Bagchi, issued an order condoning delay. The Court found 'no good ground and reason to interfere with the impugned judgment,' and consequently, the appeals were dismissed. All pending applications were disposed of.