# M/S Duke Fashions (India) Ltd. & Anr. vs. Sh. Pramod Kumar Misra & Ors.

> NCLAT judgment dated 2026-09-22. Citation: TCN-2026-NCLAT-00274. Two Company Appeals (AT)(Ins) No. 1462/2026 and No. 1475/2026 were filed against a common…

- **Court:** NCLAT
- **Order date:** 22 Sept 2026
- **Citation:** TCN-2026-NCLAT-00274
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/duke-fashions-india-ltd-ors-vs-pramod-kumar-misra-ors-qj3do

## Summary

### Background

Two Company Appeals (AT)(Ins) No. 1462/2026 and No. 1475/2026 were filed against a common order dated 11.06.2026 passed by the NCLT, Chandigarh. The NCLT order directed the appellants, who claimed to be tenants of the Corporate Debtor (M/s Venus Garments (India) Limited) in settled commercial possession of Karabara and Hussainpura properties, to be evicted within two weeks. The Corporate Debtor was under liquidation since 22.07.2025. The appellants argued that eviction should proceed under the Rent Restriction Act, 1949, and that the Liquidator lacked locus to pursue the application initially filed by the Resolution Professional.

## Facts

M/S Duke Fashions (India) Ltd. was a tenant of the Corporate Debtor in Karabara Property since 13.05.2011.

M/S UV & W Products Private Limited was a tenant of the Corporate Debtor in Hussainpura property since 01.09.2018.

The NCLT Chandigarh passed a common order dated 11.06.2026 directing the appellants to be evicted within two weeks.

The Corporate Debtor was directed into liquidation on 22.07.2025.

The Resolution Professional had filed an application under Section 60(5) read with Section 18 and 25 of the Code, seeking the eviction of the appellants.

The appellants were found to be unauthorized occupants/illegally using the property, not genuine tenants.

The alleged 30-year lease deeds for the properties were never registered and thus could not be read in evidence.

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## Issues and analysis

### Issue 1: Whether the liquidator could have pursued an …

**Ratio:** Yes, the Liquidator can pursue an application for eviction initiated by the Resolution

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**Reasoning:** Even if Sections 18 and 25 of the IBC are assumed to be inapplicable at the liquidation

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**Interpretation:** The transition from Resolution Professional to Liquidator does not render an

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**Application:** Sh. Pramod Kumar Misra, as Liquidator, was correctly impleaded in the

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## Parties

- **Judges:** Yogesh K…; Barun M…
- **Appellants:** M/S DUKE FASHIONS…; M/S UV & W…
- **Respondents:** M/s Venus…; SH. PRAMOD KUMAR…; +7 more
- **Other parties:** Committee of…
- **Advocates:** Vaibhav S…; Gopal…; +8 more

## Timeline

- **2011-05-13 — Possession of Karabara…**: M/S Duke Fashions (India) Ltd. in settled…
- **2018-09-01 — Possession of…**: M/S UV & W Products Private Limited in settled commercial possession of the Hussainpura…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 60(5) — Adjudicating Authority for corporate persons](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-60)

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