Classification of imported salvaged shaft pieces as ship parts confirmed, reassessment time-barred and appeal allowed restoring original classificatio...
Scope of intermediary status for data hosting services: tribunal finds provider not intermediary, services exported and not taxable, limited remand on...
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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