The NCLAT held that the NCLT lacks jurisdiction to order ...

NCLAT Rules NCLT Cannot Evict Rent-Controlled Tenants; IBC Does Not Override Rent Control Act Rights.

January 11, 2025

Case Laws     IBC     AT

The NCLAT held that the NCLT lacks jurisdiction to order eviction of a tenant whose tenancy is protected under the rent control law. The IBC does not override tenancy rights safeguarded by the Rent Control Act. The NCLT's jurisdiction is confined to matters directly related to the insolvency resolution process. The appeal against the NCLT's eviction order was allowed, as ordering eviction of a statutorily protected tenant exceeds the NCLT's powers under the IBC.

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