LegalFirms.in

Supreme Court judgments on Section 5, Insolvency and Bankruptcy Code, 2016

9 judgments, latest first, from 2018 to 2026. Listed when the Supreme Court Reports file the judgment's headnote under Section 5 of this Act, as printed at the start of the headnote. Judgments that only mention it in passing are not listed.

Elegna Co-op. Housing and Commercial Society Ltd. vs Edelweiss Asset Reconstruction Company Limited & Anr.
SC · 15 January 2026
[2026] 1 S.C.R. 850 : 2026 INSC 58
Issue arose whether the NCLAT was correct in admitting Corporate Debtor into the Corporate Insolvency Resolution Process; and whether the NCLAT was correct in rejecting the Intervention application filed by the Society.
China Development Bank vs Doha Bank Q.P.S.C. & Ors.
SC · 20 December 2024
[2024] 12 S.C.R. 2043 : 2024 INSC 1029
Whether the appellants can be classified as ‘Financial Creditors’ within the meaning of s.5(7) of the Insolvency and Bankruptcy Code, 2016.
Kotak Mahindra Bank Limited vs A. Balakrishnan & Anr.
SC · 30 May 2022
[2022] 5 S.C.R. 1072 : 2022 INSC 630
Insolvency and Bankruptcy Code, 2016 : ss. 3, 5, 6, 7 and 14 – Corporate Insolvency Resolution Process (CIRP) – Initiation of – Issuance of Recovery Certificate, if would trigger the right to sue – On facts, respondent N…
Sunil Kumar Jain and Others vs Sundaresh Bhatt and Others
SC · 19 April 2022
[2022] 17 S.C.R. 318 : 2022 INSC 438
Insolvency and Bankruptcy Code, 2016 – ss.5(13), 36(4), 53(1)(b) & (c) – Claim of the appellants-workmen/employees of Corporate Debtor, working at Dahej Yard and Mumbai, relating to wages/salary for the period involving…
M/s Consolidated Construction Consortium Limited vs M/s Hitro Energy Solutions Private Limited
SC · 4 February 2022
[2022] 2 S.C.R. 212 : 2022 INSC 150
Insolvency and Bankruptcy Code, 2016: ss.5(20), 5(21), 8(1) – Operational creditor – Meaning of – Appellant was engaged by CMRL for a project – For the said project, appellant entered into a contract for supply of light…
Ebix Singapore Private Limited vs Committee of Creditors of Educomp Solutions Limited & Anr.
SC · 13 September 2021
[2021] 14 S.C.R. 321 : 2021 INSC 468
Insolvency and Bankruptcy Code, 2016 – ss.5(26), 7, 9, 10, 12, 23, 25, 30, 31, 60(5), 61 & 74(3) – National Company Law Tribunal Rules, 2016 – r.11 – Insolvency and Bankruptcy Board of India (Insolvency Resolution Proces…
Lalit Kumar Jain vs Union of India & Ors.
SC · 21 May 2021
[2021] 3 S.C.R. 1075 : 2021 INSC 297
Insolvency and Bankruptcy Code, 2016 – ss.1(3), 2(e), 5(22), 60, 179, 234, 235, 238 and 243 – Vires and validity of notification dated 15.11.2019 issued by the Central Government – Whether the impugned notification was a…
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…
Chitra Sharma and Ors. vs Union of India and Ors.
SC · 9 August 2018
[2018] 12 S.C.R. 1044 : 2018 INSC 681
Insolvency and Bankruptcy Code, 2016 – ss.3(30), 3(31), 5(7), 5(8), 7, 17, 18, 20, 21(6) and 21(6A)(b) – JIL, a high-tech township developer defaulted in repayment of its dues to IDBI bank – Bank sought the initiation of…

All judgments on the Insolvency and Bankruptcy Code, 2016 · All Acts · Topics · Judges