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Municipal Corporation Of Greater ... vs Abhilash Lal on 15 November, 2019

54. We are observed that the Section 35(1)(d) of the Code does not entitles a Liquidator to grant sub-leases over properties not owned by the Corporate Debtor and therefore Section 238 of the Code cannot be interpreted in a manner that has the effect of overriding the Respondent No. 1 duty to enforce the relevant Rules on how public lands are to be regulated. We have already noted earlier that this is supported by a three-judge bench decision of the Hon'ble Supreme Court in Municipal Corporation of Greater Mumbai vs. Abhilash La/, (2020) 13 SCC 234, wherein the Hon'ble Supreme Court of India was confronted with the question of whether, Section 238 of the Code would override the ability of a public body to regulate its lands in accordance with relevant statutory provisions. In answering this question in the negative, the Hon'ble Supreme Court of India held:
Supreme Court of India Cites 46 - Cited by 141 - S R Bhat - Full Document
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