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2020 (1) TMI 1255 - Tri - Insolvency and BankruptcyJurisdiction - Eviction of the premises - whether this Tribunal lacks jurisdiction to pass order for eviction of the respondent from the premises licence to the respondent dated 30/11/2017? - HELD THAT:- The respondent herein being a licensee continuing possession after termination of license became unauthorised occupant and in unauthorised possession who can be evicted and there is no prospective buyers having turned up despite publication, of sale with the encumbrance, continuing possession by the respondent would definitely defeat the very interest of maximisation of value of the assets of the corporate debtor who is undergoing liquidation. The agreement dated 30/11/2017 makes it clear that there was no tenancy and only temporary occupation was permitted for 11 months by the liquidator and only temporary occupation was permitted for 11 months by the liquidator to the respondent. Article 15.1 read above is one of the conditions of agreement which is bound to obey by the respondent - a proceedings of this nature wherein a person is in occupation of the premises of a corporate debtor company undergoing liquidation is continuing the occupation unauthorisidly, this unauthorised occupation is to be ordered to evict. The eviction can be passed in the nature of case in hand. The liquidator is obliged to get maximization of the assets by selling the property at the highest price and, therefore, in view of the contract between the parties and admission of the respondent that they would vacate the premises on the expiry of license or whenever required, even as per the terms of the agreement, the respondent company is bound to vacate - respondent is directed to surrender vacant and peaceful possession of the premises to the liquidator within 15 days from the date of this order. Application maintainable.
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