Case Law Analysis
|National Company Law Appellate Tribunal
Section 45 IBC | Pending Challenge to Lease Legitimacy Bars Eviction During CIRP : NCLAT
NCLAT rules that a pending application under Section 45 of the Insolvency and Bankruptcy Code challenging the validity of a lease deed prevents eviction on encroachment grounds until adjudication. The ruling reinforces status quo during corporate insolvency resolution, protecting occupants from dispossession until the lease's legitimacy is determined.