Court : Supreme Court of India
Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION Civil Appeal No.3224 of 2020 Ebix Singapore Private Limited .... Appellant Versus Committee of Creditors of Educomp .... Respondents Solutions Limited & Anr. With Civil Appeal No.3560 of 2020 Kundan Care Products Limited .... Appellant Versus Mr Amit Gupta and Ors. .... Respondents With Civil Appeal No.295 of 2021 Seroco Lighting Industries Private Limited .... Appellant Versus Ravi Kapoor RP for Arya Filaments .... Respondents Private Limtied & Ors. 1 JUDGMENT Dr Dhananjaya Y Chandrachud, J This judgment has been divided into sections to facilitate analysis. Further, a Glossary of defined terms which have been used throughout the judgment has also been provided. The sections in the judgment are as follows: Glossary ............................................................................................................ 5 A Civil Appeal No 3224 of 2020 the Ebix Appeal ...................................... 11 A.1...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO(S). 4864 OF2021(Arising out of SLP(Civil) No(s). 13473 of 2020) PANKAJ KUMAR .APPELLANT(S) VERSUS STATE OF JHARKHAND & ORS. .RESPONDENT(S) WITH CIVIL APPEAL NO(S). 4865-4870 OF2021(Arising out of SLP(Civil) No(s). 3610-3615 of 2021) JUDGMENT Rastogi, J.1. Leave granted.2. The instant batch of appeals have been preferred assailing the judgment and Order passed by the High court of Jharkhand dated 24thFebruary, 2020 by three Judges with majority of 2:1. 13. The brief narration of facts for proper appreciation of the controversy relevant for the purpose are as under.4. In Civil Appeal @ SLP(Civil) No.13473 of 2020, the appellants father originally belonged to District Patna in the State of Bihar but as alleged, the appellant was born on 27th November, 1974 in Hazaribagh where his father was residing which earlier was part of the unified State of Bihar but after the Bihar Reorganisation Act, 2000(hereinaf...
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Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION Civil Appeal No 676 of 2021 Pratap Technocrats (P) Ltd. & Ors. ...Appellants Versus Monitoring Committee of Reliance Infratel Limited & Anr. ...Respondents 1 JUDGMENT Dr Justice Dhananjaya Y Chandrachud, J Index A The Appeal B Corporate Resolution Insolvency Process C Approval of Resolution Plan D Challenge before Appellate Tribunal E Submissions F Analysis F.1 Clearing the ground F.2 Jurisdiction to approve a Resolution Plan F.3 Exercise of jurisdiction G Conclusion 2 PART A A The Appeal 1 This appeal arises under Section 62 of the Insolvency and Bankruptcy Code1, against a judgment the dated 4 January 2021 of the National Company Law Appellate Tribunal2. Reliance Infratel Limited3 is the corporate debtor. The appellants are operational creditors. By its order dated 3 December 2020, the National Company Law Tribunal, Mumbai4, approved the resolution plan formulated in the course of the insolvency resolution process5...
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1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.1650 OF2020Dena Bank (now Bank of Baroda) ....Appellant(s) versus C. Shivakumar Reddy and Anr. .Respondent(s) JUDGMENT Indira Banerjee, J.This Appeal under Section 62 of the Insolvency and Bankruptcy Code, 2016 (IBC) is against a judgment and final order dated 18th December 2019 passed by the National Company Law Appellate Tribunal (NCLAT), allowing Company Appeal (AT) (Insolvency) No.407 of 2019, filed by the Respondents and setting aside an order dated 21st March 2019 passed by the Adjudicating Authority/National Company Law Tribunal (NCLT), Bengaluru, whereby the Adjudicating Authority had admitted the Petition being CP(IB) No.244/BB/2018 filed by the Appellant Bank against the Respondent No.2 (Corporate Debtor) under 2 Section 7 of the IBC. The NCLAT held that the said Petition of the Appellant Bank under Section 7 of the IBC, was barred by limitation. The Respondent No.1 is a Director of the Co...
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1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.2231 OF2021M/S ORATOR MARKETING PVT. LTD. Appellant(s) VERSUS M/S SAMTEX DESINZ PVT. LTD. Respondent(s) JUDGMENT Indira Banerjee, J.This appeal under Section 62 of the Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as the IBC) is against the final judgment and order of the National Company Law Appellate Tribunal (NCLAT), New Delhi in Company Application (AT)(Insolvency) No.1064 of 2020 dated 08-03- 2021, whereby the NCLAT has been pleased to dismiss the appeal of the Appellant and confirmed the order dated 23.10.2020 of the Adjudicating Authority, i.e., the National Company Law Tribunal (NCLT), New Delhi, dismissing the petition being CP(IB) No.908/ND/2020, filed by the Appellant under Section 7 of the IBC with the finding that the Appellant is not a financial creditor of the Respondent. The Appellant is an assignee of the debt in question. 22. The short question involved in this Ap...
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1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION TRANSFERRED CASE (CIVIL) No.245/2020 LALIT KUMAR JAIN .PETITIONER(S) VERSUS UNION OF INDIA & ORS. ..RESPONDENT(S) WITH W.P.(C) No.117/2021, W.P.(C) No.1371/2020, W.P.(C) No.1420/2020, W.P.(C) No.1353/2020, T.P.(C) No.1252/2020, W.P.(C) No.1276/2020, W.P.(C) No.1287/2020, T.P. (C) No.1285/2020, T.P.(C) No.1325/2020, W.P.(C) No.1364/2020, T.C.(C) No.257/2020, W.P.(C) No.1434/2020, W.P.(C) No.38/2021, W.P.(C) No.1419/2020, T.P.(C) No.1202/2020, T.P.(C) No.1220/2020, T.P.(C) No.1203/2020, T.P.(C) No.1193/2020, T.P.(C) No.1196/2020, T.P.(C) No.1289/2020, T.P.(C) No.1323/2020, T.P.(C) No.1333/2020, T.P.(C) No.1292/2020, T.P.(C) No.1299/2020, T.P.(C) No.1331/2020, W.P. (C) No.1342/2020, T.P.(C) No.1339/2020, W.P.(C) No.1348/2020, W.P.(C) No.1344/2020, W.P.(C) No.1343/2020, T.C.(C) No.250/2020, T.C.(C) No.251/2020, T.C. (C) No.247/2020, T.C.(C) No.253/2020, T.C.(C) No.252/2020, T.C.(C) No.248/2020, T.C.(C) No.254/2020, T.C....
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1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE/ORIGINAL JURISDICTION CIVIL APPEAL NO.8129 OF2019GHANASHYAM MISHRA AND SONS PRIVATE LIMITED THROUGH THE AUTHORIZED SIGNATORY ...APPELLANT(S) VERSUS EDELWEISS ASSET RECONSTRUCTION COMPANY LIMITED THROUGH THE DIRECTOR & ORS. .... RESPONDENT(S) WITH CIVIL APPEAL NO.____1554_______ OF2021[Arising out of Special Leave Petition No.11232 of 2020]. WRIT PETITION (CIVIL) NO.1177 OF2020CIVIL APPEAL NOS.______15501553____________ OF2021[Arising out of Special Leave Petition Nos.71477150 of 2020]. JUDGMENT B.R. GAVAI, J.21. Leave granted in Special Leave Petition (Civil) Nos. 11232 of 2020 and 71477150 of 2020.2. The short but important questions, that arise for consideration in this batch of matters, are as under: (i) As to whether any creditor including the Central Government, State Government or any local authority is bound by the Resolution Plan once it is approved by an adjudicating authority under subsection (1) of Section 31 of the ...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.2734 OF2020LAXMI PAT SURANA ...APPELLANT Versus UNION BANK OF INDIA & ANR. ...RESPONDENTS JUDGMENT A.M. Khanwilkar, J.1. Two central issues arise for our determination in this appeal, as follows: (i) Whether an action under Section 7 of the Insolvency and Bankruptcy Code, 20161 can be initiated by the financial creditor (Bank) against a corporate person (being a corporate debtor) concerning guarantee offered by it in respect of a loan account of the principal borrower, who had 1 for short, the Code 1 committed default and is not a corporate person within the meaning of the Code?. (ii) Whether an application under Section 7 of the Code filed after three years from the date of declaration of the loan account as Nonperforming Asset2, being the date of default, is not barred by limitation?.2. Briefly stated, respondent No.1 bank3 extended credit facility to M/s. Mahaveer Construction4, a proprietary firm...
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1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 000554-000557 of 2021 SUMAN DEVI & ORS. .APPELLANT (S) VERSUS STATE OF UTTARAKHAND AND ORS. ....RESPONDENT(S) WITH CIVIL APPEAL No.000558 of 2021 WITH CIVIL APPEAL No.000559 of 2021 WITH CIVIL APPEAL No.000560 of 2021 WITH CIVIL APPEAL No.000561 of 2021 WITH CIVIL APPEAL NOS. 000562-000563 of 2021 JUDGEMENT S. RAVINDRA BHAT, J.Brief Facts 1. With consent of counsel for parties, the appeals were heard finally.2. The appellants, who are registered Auxiliary Nurse Midwives (hereafter ANM), complain that the Uttarakhand High Courts ruling1 regarding their ineligibility for 1By judgment dated 7th July, 2017 in Special Appeal No.156, 143, 150/2017 and other connected appeals and writ petitions 2 appointment to the cadre of Family Health Worker (hereafter FHW), Auxiliary Nurse- Midwives (hereafter ANM) and Health Supervisor (hereafter HS) is erroneous. The Government of Uttarakhand had advertised on 15.0...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.3395 OF2020JAYPEE KENSINGTON BOULEVARD APARTMENTS WELFARE ASSOCIATION & ORS. . APPELLANT(S) VERSUS NBCC (INDIA) LTD. & ORS. . RESPONDENT(S) WITH CIVIL APPEAL No.3396 of 2020, T.C (C) Nos. 234, 235, 236, 237, 238, 239, 240, 241, 242, 243 of 2020, Civil Appeal No.1056 of 2021 @ SLP(C) No.5144 of 2021@ Diary No.18129 of 2020, Civil Appeal No.1057 of 2021 @ SLP(C) No.10543 of 2020 and Diary No.20274 of 2020 JUDGMENT Dinesh Maheshwari, J.Introductory Permission to file special leave petition(s) and leave granted in respective Petition(s) for Special Leave to Appeal.2. This batch of civil appeals, special appeals and transfer cases essentially relate to the resolution plan1 in the corporate insolvency resolution process2 under the Insolvency and Bankruptcy Code, 20163 1 Hereinafter, at some places, it has also been referred to as the plan. 2 CIRP for short. 3 Hereinafter also referred to as the Code or IBC....
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