Infrastructure facility: energy-efficient public lighting held integral to road projects, qualifying the operator as a developer and eligible for dedu...
Fourth Proviso to Section 153A: extended-period inquiry requires a reasonable, material-based satisfaction that escaped income likely exceeds the thre...
The Adjudicating Authority had jurisdiction under section 60(5) to entertain the Resolution Professional's eviction application because the corporate debtor's ownership of the premises was undisputed and recovery of its own asset fell within the duty to take control, custody, preservation and protection of assets. The appellant failed to prove any tenancy, lease or licence; the record showed only permissive stocking of goods, with no rent, lease terms, or possessory right. The civil court's interim order did not bar eviction, as the Code excludes civil court jurisdiction where the insolvency forum is competent. The appeal was dismissed and possession was directed to be handed over to the Resolution Professional.
The Adjudicating Authority had jurisdiction under section 60(5) to entertain the Resolution Professional's eviction application because the corporate debtor's ownership of the premises was undisputed and recovery of its own asset fell within the duty to take control, custody, preservation and protection of assets. The appellant failed to prove any tenancy, lease or licence; the record showed only permissive stocking of goods, with no rent, lease terms, or possessory right. The civil court's interim order did not bar eviction, as the Code excludes civil court jurisdiction where the insolvency forum is competent. The appeal was dismissed and possession was directed to be handed over to the Resolution Professional.
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