https://www.taxtmi.com/caselaws?id=764491 Section 60(5) of the Insolvency and Bankruptcy Code cannot be used to direct eviction where the dispute is a continuing tenancy governed by rent-control law and has no real nexus with insolvency resolution. The tenancy was supported by a civil court decree recognising the occupants as monthly tenants and protecting them from dispossession except in accordance with law. Because the corporate debtor had purchased the property subject to that tenancy, and eviction was being pursued through a pending landlord-tenant suit, the appropriate forum and procedure remained the rent law mechanism. The Code may authorise custody and preservation of assets, but it does not override statutory tenancy protection or permit conversion of an eviction dispute into an insolvency proceeding. en-us Thu, 09 Jan 2025 00:00:00 +0530 Sat, 11 Jan 2025 08:46:28 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=764491 Section 60(5) of the Insolvency and Bankruptcy Code cannot be used to direct eviction where the dispute is a continuing tenancy governed by rent-control law and has no real nexus with insolvency resolution. The tenancy was supported by a civil court decree recognising the occupants as monthly tenants and protecting them from dispossession except in accordance with law. Because the corporate debtor had purchased the property subject to that tenancy, and eviction was being pursued through a pending landlord-tenant suit, the appropriate forum and procedure remained the rent law mechanism. The Code may authorise custody and preservation of assets, but it does not override statutory tenancy protection or permit conversion of an eviction dispute into an insolvency proceeding. Case-Laws IBC Thu, 09 Jan 2025 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=764491