Ghanashyam Mishra and Sons Private Limited through the Authorized Signatory vs Edelweiss Asset Reconstruction Company Limited through the Director & Ors.
SC · 13 April 2021
[2021] 13 S.C.R. 737 : 2021 INSC 250
Insolvency and Bankruptcy Code, 2016 s. 31 – Approval of resolution plan – Corporate Insolvency Resolution Process – Resolution plan – Extent and scope of, after approval – Held: Once a resolution plan is duly approved b…
Indus Biotech Private Limited vs Kotak India Venture (Offshore) Fund (Earlier Known As Kotak India Venture Limited) & Ors.
SC · 26 March 2021
[2021] 7 S.C.R. 112 : 2021 INSC 216
Insolvency and Bankruptcy Code, 2016 – s. 7 – Arbitration and Conciliation Act, 1996: s. 8 – Dispute between petitioner and respondents as regards calculation and conversion formula to be applied in converting the prefer…
Kalpraj Dharamshi & Anr. vs Kotak Investment Advisors Ltd. & Anr.
SC · 10 March 2021
[2021] 2 S.C.R. 677 : 2021 INSC 173
Insolvency and Bankruptcy Code, 2016: ss. 10, 61, 238A – Proceedings or appeals before the adjudicating Authority, appellate tribunal etc – Application of Limitation Act – On facts, application u/s. 10 by Corporate Debto…
Gujarat Urja Vikas Nigam Limited vs Mr. Amit Gupta & Ors.
SC · 8 March 2021
[2021] 13 S.C.R. 611 : 2021 INSC 163
Insolvency and Bankruptcy Code, 2016 – ss. 10, 31, 60(5), 61, 238 – Power Purchase Agreement – Corporate Insolvency Resolution Process – Jurisdiction of NCLT over contractual dispute – The appellant allocated a 25-megawa…
A. Navinchandra Steels Private Limited vs Srei Equipment Finance Limited & Ors.
SC · 1 March 2021
[2021] 3 S.C.R. 597 : 2021 INSC 128
Insolvency and Bankruptcy Code, 2016 – ss.7, 9 – Companies Act, 1956 – ss.391-393, 446 – Companies Act, 2013 – ss.230(1), 279, fifth proviso to s.434(1)(c) – Winding up proceedings pending – Petition u/s.7 filed before N…
P. Mohanraj & Ors. vs M/s. Shah Brothers Ispat Pvt. Ltd.
SC · 1 March 2021
[2021] 14 S.C.R. 204 : 2021 INSC 133
Insolvency and Bankruptcy Code, 2016 – s.14 – Negotiable Instrument Act, 1881 – Chapter XVII – ss.138, 141 – Institution/continuation of proceeding u/s.138/141, NI Act, if covered by the moratorium provision i.e. s.14, I…
Committee of Creditors of Amtek Auto Limited through Corporation Bank vs Dinkar T Venkatasubramanian & Ors.
SC · 23 February 2021
[2021] 3 S.C.R. 1015 : 2021 INSC 112
Insolvency and Bankruptcy Code, 2016 – ss. 7, 12(3) and 31 – Contempt of Courts Act, 1971 – s.2(b) – On 24.09.2019, the Supreme Court directed the Resolution Professional (RP) to invite fresh offers for resolution plans…
Ramesh Kymal vs M/s Siemens Gamesa Renewable Power Pvt. Ltd.
SC · 9 February 2021
[2021] 3 S.C.R. 983 : 2021 INSC 71
Insolvency and Bankruptcy Code, 2016 – Embargo in s.10A – Applicability of – Application u/s.9 filed before 05 June 2020, in respect of a default which had occurred after 25 March 2020 – Maintainability of, in view of in…
Phoenix Arc Private Limited vs Spade Financial Services Limited & Ors.
SC · 1 February 2021
[2021] 15 S.C.R. 1079 : 2021 INSC 51
Insolvency and Bankruptcy Code, 2016 – ss.5(7), (8) – Financial creditor; financial debt – Sham/Collusive transactions, if financial debts – Held: A person can be categorised as a financial creditor if a financial debt i…
M/s. Reliance Asset Reconstruction Company Ltd. vs M/s Hotel Poonja International Pvt. Ltd.
SC · 21 January 2021
[2021] 1 S.C.R. 495 : 2021 INSC 35
Insolvency and Bankruptcy Code, 2016 – s.62 – The Assignor Bank, along with Corporation Bank sanctioned a term loan of Rs.40 lakhs to the corporate debtor – The corporate debtor failed to repay loan – The Assignor Bank d…
M/s. Radha Exports (India) Pvt. Limited vs K.P. Jayaram & Anr.
SC · 28 August 2020
[2020] 8 S.C.R. 272 : 2020 INSC 518
Insolvency and Bankruptcy Code, 2016 – s.7 – Companies Act, 1956 – Limitation Act, 1963 – Clauses (19) to (21) of Part II of the Schedule – The respondents filed a petition on 25.04.2018 u/s.7 of the IBC, as ‘Financial c…
Anuj Jain Interim Resolution Professional for Jaypee Infratech Limited vs Axis Bank Limited etc. etc.
SC · 26 February 2020
[2020] 8 S.C.R. 291 : 2020 INSC 227
Insolvency and Bankruptcy Code, 2016: Sections 5(7), 5(8), 7, 43, 45 and 66 – Corporate insolvency resolution process against corporate-debtor company – The claim of lenders of the holding Company of corporate-debtor for…
Mr. Rajendra K. Bhutta vs Maharashtra Housing and Area Development Authority through Its Chairman & Anr.
SC · 19 February 2020
[2020] 4 S.C.R. 305 : 2020 INSC 214
Insolvency and Bankruptcy Code, 2016 – s.14(1)(d) – Interpretation of a Tripartite Joint Development Agreement was entered into between the society representing persons occupying tenements, Maharashtra Housing and Area D…
Mr. Anand Rao Korada Resolution Professional vs M/s. Varsha Fabrics (P) Ltd. & Ors.
SC · 18 November 2019
[2019] 14 S.C.R. 695 : 2019 INSC 1259
Insolvency and Bankruptcy Code, 2016 – ss.7, 13, 14, 231 and 238 – Respondent No.5 divested its 100% shareholding in respondent No.4 in favour of respondent Nos.1 to 3 – Respondent No.4 shut down its factory – Respondent…
Committee of Creditors of Essar Steel India Limited through Authorised Signatory vs Satish Kumar Gupta & Ors.
SC · 15 November 2019
[2019] 16 S.C.R. 275 : 2019 INSC 1256
Insolvency and Bankruptcy Code, 2016 – Corporate Insolvency Resolution Process – Power of Committee of creditors to approve resolution plan - On facts, resolution plans for Corporate debtor-Essar Steel India Limited – In…
Mishra and S. Ravindra Bhat, Jj.] vs Rave Scans Pvt. Ltd. & Ors.
SC · 8 November 2019
[2019] 13 S.C.R. 1127 : 2019 INSC 1228
Insolvency and Bankruptcy Code, 2016 – ss.10 and 30 – Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 – regn.38 – Corporate Insolvency Resolution Process (…
Pioneer Urban Land and Infrastructure Limited & Anr. vs Union of India & Ors.
SC · 9 August 2019
[2019] 10 S.C.R. 381 : 2019 INSC 889
Insolvency and Bankruptcy Code, 2016: ss. 5(8)(f), 21(6A)(b) and 25A – Amendments made to the Code vide Amendment Act, which deem allottees of real estate projects to be “financial creditors” so that they may initiate in…
K. Sashidhar vs Indian Overseas Bank & Ors.
SC · 5 February 2019
[2019] 3 S.C.R. 845 : 2019 INSC 148
Insolvency and Bankruptcy Code, 2016: s. 30(2) and (4), 31, 33 and 61(3) – Corporate Insolvency Resolution Process (CIRP) – Resolution plan rejected by impugned order on the ground that the plan did not garner support of…
Vijay Kumar Jain vs Standard Chartered Bank & Ors.
SC · 31 January 2019
[2019] 1 S.C.R. 779 : 2019 INSC 122
Insolvency and Bankruptcy Code, 2016 – ss.21, 24, 25 and 30 – Right of member of suspended Board of Directors to access certain documents particularly the resolution plans – Held: Though the erstwhile Board of Directors…
Swiss Ribbons Pvt. Ltd. & Anr. vs Union of India & Ors.
SC · 25 January 2019
[2019] 3 S.C.R. 535 : 2019 INSC 95
Insolvency and Bankruptcy Code, 2016: Constitutional validity of – Held: Provisions of the Code passes constitutional muster. ss. 5(7), 5(8), 5(20), 7(1), 7(4), 7(5), 8 and 9 – Classification between financial creditor a…
Forech India Ltd. vs Edelweiss Assets Reconstruction Co. Ltd.
SC · 22 January 2019
[2019] 2 S.C.R. 477 : 2019 INSC 77
Insolvency & Bankruptcy Code, 2016 – ss.7, 9, 11, 238, 255 and The Eleventh Schedule – Proceedings u/ss.7 and 9, if independent of winding up process pending in High Court – Winding up petition filed by the appellant bef…
Jaipur Metals & Electricals Employees Organization through General Secretary Mr. Tej Ram Meena vs Jaipur Metals & Electricals Ltd. through Its Managing Director
SC · 12 December 2018
[2018] 14 S.C.R. 926 : 2018 INSC 1196
Insolvency and Bankruptcy Code, 2016 – ss.7, 238 – Respondent No.1-company became a non-performing asset – Board for Industrial and Financial Reconstruction (BIFR) was of prima facie opinion that the company ought to be…
