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Section 162: Disclaimer of leaseholds.

The Insolvency and Bankruptcy Code, 2016.Central Act · Act 31 of 2016

(1) The bankruptcy trustee shall not be entitled to disclaim any leasehold interest, unless a notice of disclaimer has been served on every interested person and—

(a) no application objecting to the disclaimer by the interested person, has been filed with respect to the leasehold interest, within fourteen days of the date on which notice was served; and

(b) where the application objecting to the disclaimer has been filed by the interested person, the Adjudicating Authority has directed under section 163 that the disclaimer shall take effect.

(2) Where the Adjudicating Authority gives a direction under clause (b) of sub-section (1), it may also make order with respect to fixtures, improvements by tenant and other matters arising out of the lease as it may think fit.

Where this provision sits

ActThe Insolvency and Bankruptcy Code, 2016.
Section162
Marginal noteDisclaimer of leaseholds.
JurisdictionCentral
StatusIn force as published by the source

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