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Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016

21 judgments · newest first · showing 1–21

GREATER NOIDA INDUSTRIAL DEVELOPMENT AUTHORITYversusPRABHJIT SINGH SONI & ANR.

2024 INSC 102Appeal(s) allowed

The Greater Noida Industrial Development Authority (GNIDA) claimed that it had submitted a claim of Rs 43.40 crore as a financial creditor against JNC Construction Ltd., but the resolution professional treated it as an operational creditor and the resolution plan approved by the NCLT omitted its …

M/S. RPS INFRASTRUCTURE LTD.versusMUKUL KUMAR & ANR.

2023 INSC 816Appeal(s) allowed

RPS Infrastructure Ltd entered into a development agreement with KST Infrastructure Pvt Ltd, which later led to an arbitral award in favour of RPS in 2016. While the award was under challenge under Section 34 of the Arbitration Act, a corporate insolvency resolution process (CIRP) was initiated …

M. K. RAJAGOPALANversusDR. PERIASAMY PALANI GOUNDER & ANR

2023 INSC 486Disposed off

The Supreme Court examined a batch of appeals challenging the National Company Law Appellate Tribunal's (NCLAT) order that set aside the approval of a resolution plan for Appu Hotels Ltd. The Court held that the resolution applicant, M.K. Rajagopalan, was ineligible to submit a plan because he was …

VALLAL RCKversusM/S SIVA INDUSTRIES AND HOLDINGS LIMITED AND OTHERS

2022 INSC 636Appeal(s) allowed

The appellant, a promoter of M/s Siva Industries, sought withdrawal of a Corporate Insolvency Resolution Process (CIRP) that had been initiated against the corporate debtor after the Committee of Creditors (CoC) approved a settlement plan with 94.23% voting share. The Resolution Professional filed …

DEVARAJAN RAMANversusBANK OF INDIA LIMITED

2022 INSC 14Appeal(s) allowed

The appellant, a Resolution Professional (RP), was appointed interim RP in a corporate insolvency case and submitted a claim of Rs 14,75,660 for fees and costs, of which Rs 5,66,667 was reimbursed by the respondent bank. The appellant sought the balance of Rs 9,08,993, but the NCLT directed payment …

GHANASHYAM MISHRA AND SONS PRIVATE LIMITED THROUGH THE AUTHORIZED SIGNATORYversusEDELWEISS ASSET RECONSTRUCTION COMPANY LIMITED THROUGH THE DIRECTOR & ORS.

2021 INSC 250Appeal(s) allowed

The Supreme Court considered the corporate insolvency case of Orissa Manganese & Minerals Ltd., where the National Company Law Tribunal approved a resolution plan submitted by GMSPL. The Court examined whether, after approval of a resolution plan under Section 31 of the Insolvency and Bankruptcy …

THE KARAD URBAN COOPERATIVE BANK LTD.versusSWWAPNIL BHINGARDEVAY & ORS.

2020 INSC 533Appeal(s) allowed

The Karad Urban Cooperative Bank Ltd., a financial creditor, filed a Section 7 petition under the Insolvency and Bankruptcy Code (IBC) against M/s Khandoba Prasanna Sakhar Karkhana Ltd., the corporate debtor. The Committee of Creditors (CoC) approved a resolution plan submitted by M/s Sai Agro …

MAHARASHTRA SEAMLESS LIMITEDversusPADMANABHAN VENKATESH & ORS.

2020 INSC 76Appeal(s) allowed

The Supreme Court examined a corporate insolvency resolution process (CIRP) involving United Seamless Tubular Private Ltd., where the successful resolution applicant, Maharashtra Seamless Ltd. (MSL), had offered an upfront payment of Rs. 477 crore, which was below the average liquidation value of …

MR. ANAND RAO KORADA RESOLUTION PROFESSIONALversusM/S. VARSHA FABRICS (P) LTD. & ORS.

2019 INSC 1259Appeal(s) allowed

The case arose when the Odisha High Court ordered the auction of a large parcel of land belonging to Hirakud Industrial Works Ltd. (the corporate debtor) while a petition under Section 7 of the Insolvency and Bankruptcy Code, 2016 (IBC) was pending before the National Company Law Tribunal (NCLT), …

PIONEER URBAN LAND AND INFRASTRUCTURE LIMITED & ANR.versusUNION OF INDIA & ORS.

2019 INSC 889Disposed off

The Supreme Court considered a batch of writ petitions challenging the constitutional validity of the Insolvency and Bankruptcy Code (Second Amendment) Act, 2018, which classifies home‑buyers/allottees of real‑estate projects as "financial creditors" under the Code, thereby permitting them to invoke …

K. SASHIDHARversusINDIAN OVERSEAS BANK & ORS.

2019 INSC 148Dismissed

The Supreme Court considered appeals by K. Sashidhar challenging the rejection of resolution plans for two corporate debtors, KS&PIPL and IIL, by the Committee of Creditors (CoC). The CoC had approved the plans with less than the statutory 75% voting share of financial creditors, leading the NCLT to …

VIJAY KUMAR JAINversusSTANDARD CHARTERED BANK & ORS.

2019 INSC 122Appeal(s) allowed

The appellant, a former director of Ruchi Soya Industries Ltd., challenged the refusal of the resolution professional to furnish resolution plans and related documents to members of the suspended Board of Directors during the corporate insolvency resolution process. The Supreme Court examined the …

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 …

ARCELORMITTAL INDIA PRIVATE LIMITEDversusSATISH KUMAR GUPTA & ORS.

2018 INSC 935Disposed off

The Supreme Court examined the eligibility of ArcelorMittal India Private Ltd (AMIPL) and Numetal Ltd to submit resolution plans for Essar Steel India Ltd (ESIL) under the Insolvency and Bankruptcy Code (IBC) after the introduction of Section 29A. The Court held that disqualification under …

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, …