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Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016

15 judgments · newest first · showing 1–15

VISA COKE LIMITEDversusM/S MESCO KALINGA STEEL LIMITED

2025 INSC 597Appeal(s) allowed

Visa Coke Ltd., an operational creditor, claimed that it had validly served a statutory demand notice under Section 8 of the Insolvency and Bankruptcy Code, 2016, by sending Form 3 to the Key Managerial Personnel (KMP) of Mesco Kalinga Steel Ltd. at its registered office. The National Company Law …

M. SURESH KUMAR REDDYversusCANARA BANK & ORS.

2023 INSC 521Dismissed

Canara Bank (successor to Syndicate Bank) filed an application under Section 7 of the Insolvency and Bankruptcy Code, 2016 (IBC) against its corporate debtor, Kranthi Edifice Pvt. Ltd., alleging default on a secured overdraft facility and bank guarantees. The National Company Law Tribunal (NCLT) …

SABARMATI GAS LIMITEDversusSHAH ALLOYS LIMITED

2023 INSC 10Dismissed

Sabarmati Gas Ltd. entered into a gas‑sale agreement with Shah Alloys Ltd., which later defaulted on payments. The respondent was declared a 'sick company' by the BIFR, invoking a moratorium under SICA that barred legal recovery until the Code came into force on 1‑Dec‑2016. After issuing a demand …

RAJENDRA NAROTTAMDAS SHETH & ANR.versusCHANDRA PRAKASH JAIN & ANR.

2021 INSC 579Dismissed

The Union Bank of India (financial creditor) granted loans to R.K. Infratel Ltd. (corporate debtor), which defaulted on 30‑09‑2014, leading to the account being classified as an NPA. The bank filed a recovery suit under the 1993 Recovery of Debts Act and, later, an application under Section 7 of the …

DENA BANK (NOW BANK OF BARODA)versusC. SHIVAKUMAR REDDY AND ANR.

2021 INSC 380Appeal(s) allowed

The appellant Bank (Dena Bank, now Bank of Baroda) filed a petition under Section 7 of the Insolvency and Bankruptcy Code (IBC) in 2018 to initiate a corporate insolvency resolution process against the corporate debtor, C. Shivakumar Reddy, after the debtor defaulted in 2013. The National Company …

M/S ORATOR MARKETING PVT. LTD.versusM/S SAMTEX DESINZ PVT. LTD.

2021 INSC 359Appeal(s) allowed

M/s Orator Marketing Pvt. Ltd., the assignee of a Rs 1.60 crore interest‑free term loan given to M/s Samtex Desinz Pvt. Ltd. for working‑capital, filed a petition under Section 7 of the Insolvency and Bankruptcy Code, 2016 (IBC) to initiate a corporate insolvency resolution process (CIRP). The …

ARUN KUMAR JAGATRAMKAversusJINDAL STEEL AND POWER LTD. & ANR.

2021 INSC 187Dismissed

The corporate debtor Gujarat NRE Coke Ltd (GNCL) initiated a corporate insolvency resolution process, but its promoter Arun Kumar Jagatramka was deemed ineligible to submit a resolution plan under Section 29A of the Insolvency and Bankruptcy Code (IBC). After the liquidation order, Jagatramka filed …

RAMESH KYMALversusM/S SIEMENS GAMESA RENEWABLE POWER PVT. LTD.

2021 INSC 71Dismissed

Ramesh Kymal, an operational creditor, filed a petition under Section 9 of the Insolvency and Bankruptcy Code (IBC) on 11 May 2020 alleging a default by Siemens Gamesa Renewable Power Ltd on 30 April 2020. While the petition was pending, Section 10A was inserted into the IBC by the 2020 amendment …

SWISS RIBBONS PVT. LTD. & ANR.versusUNION OF INDIA & ORS.

2019 INSC 95Disposed off

The Supreme Court examined the constitutional validity of several provisions of the Insolvency and Bankruptcy Code, 2016, including the classification of financial versus operational creditors, the powers of the resolution professional, the evidentiary status of private information utilities, and …

MACQUARIE BANK LIMITEDversusSHILPI CABLE TECHNOLOGIES LTD.

2017 INSC 1241Appeal(s) allowed

The Supreme Court examined two pivotal questions arising under the Insolvency and Bankruptcy Code, 2016: (i) whether the requirement in Section 9(3)(c) to attach a certificate from the financial institution confirming non‑payment of an operational debt is a mandatory condition precedent, and (ii) …

MOBILOX INNOVATIONS PRIVATE LIMITEDversusKIRUSA SOFTWARE PRIVATE LIMITED

2017 INSC 975Appeal(s) allowed

Mobilox Innovations Pvt Ltd, an operational creditor, filed an application under the Insolvency and Bankruptcy Code, 2016 (IBC) seeking initiation of corporate insolvency against Kirusa Software Pvt Ltd for an unpaid operational debt of Rs.20,08,202.55. The corporate debtor raised a dispute, …