Eviction Of Tenant From Corporate Debtor's Property Can Be Sought Under Tenancy Law, Not U/S 60(5) Of IBC: NCLAT

The NCLAT ruled that the eviction of a tenant from Corporate Debtor’s (CD) property cannot be sought under Section 60 of the Insolvency and Bankruptcy Code (IBC). The case involved a tenant occupying a property of an insolvent company. The Tribunal clarified that eviction proceedings should be pursued under the applicable tenancy laws and not through the IBC. This decision ensures that the rights of tenants are preserved under established property and tenancy laws, rather than the insolvency framework.