The appellant challenged an order dated May 8, 2018, where the appellant's application (as landlord) seeking direction to the 'Corporate Debtor' through the 'Resolution Professional' to vacate the premises was rejected due to a moratorium order. The appellate tribunal considered whether the moratorium order applies to leased property where the 'Corporate Debtor' is a tenant, especially after an eviction decree was passed in favor of the landlord.
M/s. Navbharat Castings LLP, the appellant (landlord), filed an application seeking direction to the 'Corporate Debtor' through the 'Resolution Professional' to vacate premises. This application was rejected due to a moratorium order. The 'Corporate Debtor', M/s. Moser Baer India Ltd., is a tenant on the appellant's property. An eviction decree was passed in favor of the landlord against the 'Corporate Debtor'. The appellant argued that the moratorium period was ending on August 15, 2018, and they would then have the right to pursue recovery of rent arrears. The appellant also submitted that the 'Corporate Debtor' should pay current rent for the period of moratorium.
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The appellant challenged the order dated May 8,…
The Appellate Tribunal passed an order…
The appellant challenged an order dated May 8, 2018, where the appellant's application (as landlord) seeking direction to the 'Corporate Debtor' through the 'Resolution Professional' to vacate the premises was rejected due to a moratorium order. The appellate tribunal considered whether the moratorium order applies to leased property where the 'Corporate Debtor' is a tenant, especially after an eviction decree was passed in favor of the landlord.
M/s. Navbharat Castings LLP, the appellant (landlord), filed an application seeking direction to the 'Corporate Debtor' through the 'Resolution Professional' to vacate premises. This application was rejected due to a moratorium order. The 'Corporate Debtor', M/s. Moser Baer India Ltd., is a tenant on the appellant's property. An eviction decree was passed in favor of the landlord against the 'Corporate Debtor'. The appellant argued that the moratorium period was ending on August 15, 2018, and they would then have the right to pursue recovery of rent arrears. The appellant also submitted that the 'Corporate Debtor' should pay current rent for the period of moratorium.
The appellant challenged the order dated May 8,…
The Appellate Tribunal passed an order…