Insolvency and Bankruptcy Code, 2016
34 Supreme Court judgments considering this law. Search within these.
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Hindustan Petroleum Corporation Ltd. v. Bcl Secure Premises Pvt. Ltd.
Issue arose whether the High Court, was justified in referring the parties to arbitration by allowing the petition u/s.11(4) of the Arbitration and Conciliation Act, 1996.
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Mansi Brar Fernandes v. Shubha Sharma and Anr.
Whether the appellants, fall within the category of “speculative investors” so as to disentitle them from initiating proceedings u/s.7 of the IBC; whether the Ordinance/Amendment Act introducing threshold requirements for filing…
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Amit Nehra & Anr. v. Pawan Kumar Garg & Ors.
Whether the appellants, being allottees of an apartment in a project developed by the erstwhile Corporate Debtor and having admittedly paid a sum of Rs.57,56,684/- out of the total consideration of Rs.60,06,368/-, are to be…
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Il & Fs Financial Services Limited v. Adhunik Meghalaya Steels Private Limited
Whether the Tribunals below were justified in holding that the s.7 application under the IBC filed by the appellant on 15.01.2024 was barred by time; does the entry in the Balance Sheet of F.Y. 2019-20 constitute a valid…
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Tata Steel Ltd. v. Raj Kumar Banerjee & Ors.
(i) Whether the additional condonable period of 15 days as provided under section 61(2) IBC commences from the end of the prescribed limitation period of 30 days, in case the prescribed limitation period for filing the appeal…
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Visa Coke Limited v. M/s Mesco Kalinga Steel Limited
Issue arose whether the notice served by the appellant-Operational Creditor upon the Key Managerial Personnel-KMP of the respondent-Corporate Debtor at their registered office constitutes valid service of the statutory demand…
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Electrosteel Steel Limited (Now M/S Esl Steel Limited) v. Ispat Carrier Private Limited
Whether upon approval of the resolution plan by the NCLT, the claim of the respondent being outside the purview of the resolution plan stood extinguished; whether the arbitral award dated 06.07.2018 was capable of being executed.
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Rakesh Bhanot v. M/s. Gurdas Agro Pvt. Ltd.
Issue arose whether the proceedings initiated against the appellants u/s.138 rw s.141 of the Negotiable Instruments Act should be stayed in view of the interim moratorium u/s.96 of the Insolvency and Bankruptcy Code, 2016 having…
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M/s JSW Steel Limited v. Pratishtha Thakur Haritwal & Ors.
Whether the case of the present Petitioner is specifically covered by the judgment of this Court in the case of Ghanshyam Mishra and Sons Private Limited v. Edelweiss Asset Reconstruction Company Limited and Others [2021] 13 SCR…
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Vaibhav Goel & Anr. v. Deputy Commissioner of Income Tax & Anr.
Matter pertains to the validity of the income tax dues of the corporate debtor owed to the Central Government, when not a part of the approved Resolution Plan.
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Vishnoo Mittal v. M/s Shakti Trading Company
Whether the High Court was justified in relying upon P. Mohan Raj case which held that the immunity granted by the moratorium order issued under Section 14, IBC can only be obtained by a Corporate Debtor and not by a natural…
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Saranga Anilkumar Aggarwal v. Bhavesh Dhirajlal Sheth & Ors.
Whether the execution of penalty orders passed by the NCDRC can be stayed under the interim moratorium provisions of s.96 of the Insolvency and Bankruptcy Code, 2016.
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Bank of Baroda v. Farooq Ali Khan & Ors.
Whether the High Court could have justifiably invoked judicial review u/Art.226 of the Constitution to interdict personal insolvency proceedings initiated against respondent no.1 u/s.95 of the Insolvency and Bankruptcy Code, 2016…
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Independent Sugar Corporation Ltd. v. Girish Sriram Juneja & Ors.
Whether the approval of a proposed combination by the Competition Commission of India (CCI) must mandatorily precede the approval of the Resolution Plan, by the Committee of Creditors (CoC), as stipulated under the proviso to…
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Mohammed Enterprises (Tanzania) Ltd. v. Farooq Ali Khan & Ors.
Whether the High Court was justified in interdicting CIRP proceedings under the Insolvency and Bankruptcy Code.
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China Development Bank v. Doha Bank Q.P.S.C. & Ors.
Whether the appellants can be classified as ‘Financial Creditors’ within the meaning of s.5(7) of the Insolvency and Bankruptcy Code, 2016.
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State Bank of India & Ors. v. The Consortium of Mr. Murari Lal Jalan
Whether the Performance Bank Guarantee (PBG) could have been adjusted against the first tranche payment which was to be made under the Resolution Plan, within 180 days from the Effective Date, in contravention of the order of…
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Goqii Technologies Private Limited v. Sokrati Technologies Private Limited
Issue arose, as to the correctness of the order passed by the High Court dismissing the appellant’s application u/s.11 of the Act, 1996, seeking appointment of an arbitrator to adjudicate disputes and claims in terms of Clause…
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M/s HPCL Bio-Fuels Ltd. v. M/s Shahaji Bhanudas Bhad
(i) Whether a fresh application u/s.11(6) of the Arbitration and Conciliation Act, 1996 filed by the respondent could be said to be maintainable more particularly when no liberty to file a fresh application was granted by the…
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Private Limited v. Committee of Creditors of Educomp Solutions
The appellant-NOIDA Special Economic Zone Authority filed a claim of INR 06.29 Crores which was admitted by the Respondent No.01-Resolution Professional. The NCLT vide order dated 05.10.2020, granted only INR 50 Lakhs to the…
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GLAS Trust Company LLC v. BYJU Raveendran & Ors.
Whether the appellant, who was not a party to the settlement between the second respondent-BCCI (Operational Creditor) and the Corporate Debtor, has locus in the proceedings before this Court; whether the NCLAT erred in invoking…
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Vidyasagar Prasad v. UCO Bank & Anr.
Whether specific and clear acknowledgement of debt by the Corporate Debtor in its balance sheet is necessary while considering limitation under Section 18 of the Limitation Act, 1963.
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State Bank of India v. India Power Corporation Limited
The issue which arises for consideration is the interpretation of Rule 50 of the National Company Law Tribunal Rules, 2016 (NCLT Rules) and Rule 22 of the National Company Law Appellate Tribunal Rules, 2016 (NCLAT Rules).
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V.S. Palanivel v. P. Sriram, CS, Liquidator, Etc.
(i) Whether the Tribunal was right in accepting the view taken by the Adjudicating Authority that Covid-19 lockdown was a valid reason for extension of time to deposit the balance sale consideration; (ii) Whether the appellant…
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Shri Gurudatta Sugars Marketing Pvt. Ltd. v. Prithviraj Sayajirao Deshmukh & Ors.
Whether the signatory of the cheque, authorized by the “Company”, is the “drawer” and whether such signatory could be directed to pay interim compensation in terms of section 143-A of the Negotiable Instruments Act, 1881 leaving…
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Brs Ventures Investments Ltd. v. Srei Infrastructure Finance Ltd. & Anr.
Whether the payment of Rs.38.87 crores to the financial creditor under the resolution plan of the corporate guarantor will extinguish the liability of the principal borrower/corporate debtor to pay the entire amount payable under…
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Anish M Rawther @ Anees Mohammed Rawther v. Hafeez Ur Rahman & Ors.
High Court, if justified in directing the trial court to accept the respondent’s memo and pass appropriate order.
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Global Credit Capital Limited & Anr. v. Sach Marketing Pvt. Ltd. & Anr
(i) Whether there can be debt within the meaning of sub-section (11) of section 5 of the Insolvency and Bankruptcy Code, 2016; (ii) What is the test to determine whether a debt is a financial debt within the meaning of…
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Insolvency and Bankruptcy Board of India v. Satyanarayan Bankatlal Malu & Ors.
Special Court under the Insolvency and Bankruptcy Code, 2016 would be as provided u/s. 435 of the Companies Act as it existed at the time when the Code came into effect, or it would be as provided u/s.435 after the 2018…
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Deccan Value Investors L.P. & Anr. v. Dinkar Venkatasubramanian & Anr.
Whether the judgment dated 07.02.2020 passed by the National Company Law Appellate Tribunal which upholds the order dated 27.09.2019 passed by the National Company Law Tribunal is legally flawed and unsustainable; Whether the…
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Greater Noida Industrial Development Authority v. Prabhjit Singh Soni & Anr.
Whether in exercise of powers under s.60(5), Insolvency and Bankruptcy Code, 2016, the Adjudicating Authority-NCLT can recall an order of approval passed under s.31(1) of the IBC; whether the application for recall of the order…
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Axis Bank Limited v. Naren Seth & Anr.
Application was filed by the applicant-appellant seeking clarification of the judgment reported in [2023] 14 SCR 581.
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State Bank of India and Ors v. The Consortium of Mr Murari Lal Jalan
Consortium of lenders represented by the State Bank of India filed affidavit stating that the lenders were agreeable that if Successful Resolution Applicant (SRA) satisfied particular criteria, including infusing Rs. 350 Crores…
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Dbs Bank Limited Singapore v. Ruchi Soya Industries
Whether s.30(2)(b)(ii) of the Insolvency and Bankruptcy Code, 2016, as amended in 2019, entitles the dissenting financial creditor to be paid the minimum value of its security interest; whether the amendments made in the…