Resolution Professional cannot remove the tenant, If the tenant is not paying the rent, it is also open to the RP to move before the appropriate forum/court of law – Devendra Padamchand Jain (Resolution Professional) Vs. Sandhya Prakash & Ors. – NCLAT New Delhi
Learned counsel for the appellant referring to sub-section (f) of Section 18 of the Insolvency and Bankruptcy Code, 2016 submits that duty of insolvency resolution professional is to take over assets that may or may not be in possession of the Corporate Debtor. Though we accept the submission made above, that does not mean the insolvency resolution professional can remove the tenant though it is open to him to take over the possession of the assets of the Corporate Debtor. If the tenant is not paying the rent, it is also open to the insolvency resolution professional to move before the appropriate forum/court of law.
