The National Company Law Appellate Tribunal (NCLAT) has held that a Resolution Professional is not required to institute separate eviction proceedings to recover possession of assets belonging to a corporate debtor during the Corporate Insolvency Resolution Process (CIRP).
The issue arose when the Resolution Professional, after taking charge of the corporate debtor, discovered that several portions of the hotel including the entire ninth floor, remained occupied by members of the promoter family. Notices were issued directing them to hand over possession, but the premises were not vacated, compelling the RP to approach the NCLT for appropriate directions.
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