Whether Adjudicating Authority under IBC, has jurisdiction to direct Lessee to vacate and deliver possession of Corporate Debtor’s property to Liquidator? – Mr. Krishna Mohan Gollamudi Vs. Bhagyanagar Hotels Pvt. Ltd. – NCLT Hyderabad Bench
NCLT Hyderabad held that:
(i) In Jhanvi Rajpal Automotive Pvt. Ltd. (2023) ibclaw.in 09 NCLAT, where in an identical fact situation and held that when the Corporate Debtor has the ownership rights over the premises which premises can be taken in control by IRP/RP, we are of the view that for eviction of the Appellant especially in event when lease in favour of the Appellant has come to an end, filing a suit is not contemplated in the statutory scheme contained in IBC.
(ii) The respondent is in occupation of the property of the corporate debtor despite expiry of the lease deed dated 30.09.2022 it is overwhelmingly clear that, the possession of the respondent is wrongful, hence the respondent is not entitled under law to resist the present application.