It was viewed that there has been no change of the tenancy rights of the Appellants by way of a contract and the law which is to operate in respect of termination of tenancy are the provisions of the Act and not the Code
The New Delhi Bench of the National Company Law Appellate Tribunal (NCLAT) has held that eviction of tenant from the property of corporate debtor can only be sought under the Act in which tenancy was created and such power of eviction cannot be exercised by the adjudicating authority under Section 60(5) of the Insolvency Bankruptcy…