# In the matter of Nitin Jain vs. Universal Tutorial Private Limited Company Appeal (AT) (Insolvency) No. 337 of 2021

> NCLAT judgment dated 2023-05-23. Citation: TCN-2023-NCLAT-00814. The appeal arises from an order dated 10.02.2021 passed by the Adjudicating Authority…

- **Court:** NCLAT
- **Order date:** 23 May 2023
- **Citation:** TCN-2023-NCLAT-00814
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/nitin-jain-vs-universal-tutorial-private-limited-company-appeal-273ed5f3

## Summary

### Background

The appeal arises from an order dated 10.02.2021 passed by the Adjudicating Authority (National Company Law Tribunal, Ahmedabad Bench) in IA/73(AHM)2021 in CP(IB) 37 of 2017 with IA/90(AHM)2021, where the Adjudicating Authority disposed of the application filed by the Appellant, refusing to grant the reliefs sought.

## Facts

The Corporate Debtor was incorporated on 24.08.1987.

The Corporate Debtor filed an application under Section 10 of the Code for initiation of CIRP.

CIRP was initiated against the Corporate Debtor on 15.02.2019, and Mr. Nilesh Sharma was appointed as the Interim Resolution Professional.

The Appellant was appointed as Resolution Professional on 30.08.2019 and later as Liquidator on 11.09.2020.

The Corporate Debtor and Universal Tutorial Private Limited entered into a Leave and License agreement dated 19.12.2005 for premises E-1, E-2, E-3.

The Leave and License Agreement expired on 31.07.2019.

The Appellant served notices to the Respondent to vacate the premises on 24.09.2020, 16.11.2020 and 10.12.2020.

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## Issues and analysis

### Issue 1: Whether the NCLT has jurisdiction to entertain disputes relating to eviction of tenants from the …

**Ratio:** Section 60(5) of the IBC provides that the NCLT has jurisdiction to entertain

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**Reasoning:** The court considered precedents, including 'Arcelor Mittal India Private Limited v Satish

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**Interpretation:** The NCLT's jurisdiction extends to matters concerning the corporate debtor's

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**Application:** The court determined that the Adjudicating Authority failed to consider the

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## Parties

- **Judges:** Anant Bijay…; Naresh Sa…
- **Appellants:** Nitin…
- **Respondents:** Universal…
- **Other parties:** Nilesh S…
- **Advocates:** Amar V…; Abhinav…; +2 more

## Timeline

- **19.02.2015 — Leave and License…**: Leave and License Agreement between Corporate Debtor and Universal Tutorial Private…
- **09.01.2019 — Modified Leave and…**: Modified Leave and License Agreement between Corporate Debtor and Universal Tutorial…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 10 — Initiation of corporate insolvency resolution…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-10)

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