Disclaimer of leaseholds
Section 162 of the Insolvency and Bankruptcy Code, 2016 deals with disclaimer of leaseholds. 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 fourte The Act was enacted on 28 May 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.
Section 162, The Insolvency and Bankruptcy Code, 2016 (Act 31 of 2016).
Cross-references
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Questions about Section 162
What does Section 162 of the Insolvency and Bankruptcy Code deal with?
Section 162 of the Insolvency and Bankruptcy Code is headed "Disclaimer of leaseholds". 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 fourte
How do I find court cases under Section 162 of the Insolvency and Bankruptcy Code?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Insolvency and Bankruptcy Code 162, section 162 Insolvency and Bankruptcy Code, section 162 of the Insolvency and Bankruptcy Code. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 162 of the Insolvency and Bankruptcy Code, and has it changed?
Its own text turns on section 163 (Challenge against disclaimed property), so none of them can safely be read on its own.
When was Section 162 of the Insolvency and Bankruptcy Code enacted?
Section 162 of the Insolvency and Bankruptcy Code, cited as Insolvency and Bankruptcy Code 162, was enacted on 28 May 2016 as Act 31 of 2016. It is in force as at the date shown on this page.
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Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 19 Oct 2026. This page is not a substitute for legal advice.