#company appeal

The NCLAT held that Section 238 of the IBC overrides rent control laws, letting a liquidator evict occupants under Section 60(5)(c) without rent control proceedings. This speeds asset recovery in insolvency, affecting liquidators, creditors and occupants.

NCLAT held that the IBBI Liquidation Process (Second Amendment) Regulations, 2025 apply prospectively only and cannot affect liquidation already started under the earlier regime. The ruling shields ongoing liquidation from retrospective changes, impacting creditors, liquidators and purchasers.