Court : Supreme Court of India
1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.9198 OF2019SESH NATH SINGH & ANR. ..Appellant(s) versus BAIDYABATI SHEORAPHULI CO-OPERATIVE BANK LTD AND ANR. ..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 a judgment and order dated 22nd November 2019, passed by the National Company Law Appellate Tribunal (NCLAT), dismissing Company Appeal (AT) (Insolvency) No.672 of 2019, filed by the Appellants, challenging an order dated 25th April 2019, of the National Company Law Tribunal (NCLT), Kolkata Bench, admitting the application filed by the Respondent No.1 as Financial Creditor, under Section 7 of the IBC being CP(IB) No.1202/KB/2018, thereby initiating 2 the Corporate Insolvency Resolution Process (CIRP) against the Corporate Debtor, Debi Fabtech Private Ltd.2. The Corporate Debtor was inter alia engaged in the business of export of t...
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Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE/ORIGINAL JURISDICTION Civil Appeal No.9664 of 2019 Arun Kumar Jagatramka .... Appellant Versus Jindal Steel and Power Ltd. & Anr. .... Respondents With Writ Petition (C) No.269 of 2020 And With Civil Appeal No.2719 of 2020 1 JUDGMENT Dr Dhananjaya Y Chandrachud, J This judgment has been divided into the following sections to facilitate analysis: A Factual Background A.1 Civil Appeal 9664 of 2019 A.2 Civil Appeal 2719 of 2020 A.3 Liquidation Process Regulations, 2016 A.4 Article 32 Petition B Issues C Submissions D Analysis of the Legal Framework D.1 Ineligibility during the resolution process and liquidation D.2 Interplay : IBC liquidation and Section 230 of the Act of 2013 D.3 The Clean Slate D.4 Constitutional Validity of Regulation 2B - Liquidation Process Regulations E Epilogue F Conclusion 2 PART A A Factual Background 1 A.1 Civil Appeal 9664 of 2019 1 By its judgment dated 24 October 2019, the National Company Law 2 Appella...
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Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION Civil Appeal No.9241 of 2019 Gujarat Urja Vikas Nigam Limited .... Appellant Versus Mr. Amit Gupta & Ors. .... Respondents 1 JUDGMENT Dr Dhananjaya Y Chandrachud, J This judgment has been divided into sections to facilitate analysis. They are: A The appeal B The genesis of the PPA C Initiation of CIRP D Termination of the PPA E Proceedings before NCLT and NCLAT F Proceedings by the Successful Resolution Applicant G Submissions of counsel G.1 Submissions on behalf of the appellant G.2 Submissions on behalf of the respondents H Issues arising from the dispute I Jurisdiction of the NCLT/NCLAT over contractual disputes I.1 Section 60(5)(c): arising out of and in relation to I.2 Jurisdiction of NCLT and GERC I.3 Residuary jurisdiction of the NCLT under Section 60(5)(c) J Validity of ipso facto clauses J.1 Position of international and multilateral organisations 2 J.2 National jurisdictions J.3 Position in India K Appellan...
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Non-Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION Civil Appeal No.495 of 2021 (Arising out of SLP (C) No.2288 of 2019) Vinod Prasad Raturi & Ors. .... Appellant(s) Versus Union of India & Ors. . Respondent (s) JUDGMENT L. NAGESWARA RAO, J.1. In this Appeal the correctness of the order of the High Court directing the respondents in Writ Petition to conduct a review Departmental Promotion Committee (DPC) for considering allotment of the 4th Respondent to earlier batch.2. The State of Uttar Pradesh was reorganized under the Uttar Pradesh Reorganization Act, 2000 (hereinafter referred to as the Act). The State of Uttarakhand was created pursuant to the said Act. The Central Government issued guidelines on 30.09.2000 for allocation of erstwhile employees of the State of Uttar Pradesh amongst the two States. A tentative final allocation list was prepared and 1 | Pa ge circulated to the employees calling for their objections, if they were aggrieved by the proposed fina...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOs.4230-4234 OF2020A. Navinchandra Steels Private Limited Appellant VERSUS SREI Equipment Finance Limited & Ors. Respondents JUDGMENT R.F. Nariman, J.1. This appeal arises out of the judgment dated 07.02.2020, as corrected by order dated 21.09.2020, by the National Company Law Appellate Tribunal [NCLAT].. The Appellant is an operational creditor of Respondent No.2 herein M/s. Shree Ram Urban Infrastructure Limited [SRUIL]., the company under winding up and has a decree dated 07.10.2015 in its favour passed by the Bombay High Court in Summary Suit No.626 of 2014. Vide order dated 06.10.2016, the Division Bench stayed the order dated 07.10.2015 and directed SRUIL to deposit INR14 1 crore with the Prothonotary and Senior Master of the High Court or furnish a bank guarantee for the same, failing which the stay order would get vacated. The said appeal is pending as on date. We are also informed that an exe...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL/CRIMINAL APPELLATE JURISDICTION CIVIL/CRIMINAL ORIGINAL JURISDICTION CIVIL APPEAL NO.10355 OF2018P. MOHANRAJ & ORS. APPELLANTS VERSUS M/S. SHAH BROTHERS ISPAT PVT. LTD. RESPONDENT WITH CRIMINAL APPEAL NO._239___ OF2021(@ SPECIAL LEAVE PETITION (CRL.) NO._1955__ OF2021 (Diary No.32585/2019) CRIMINAL APPEAL NO.___240________ OF2021(@ SPECIAL LEAVE PETITION (CRL.) NO.10587 OF2019 CRIMINAL APPEAL NO.__241______ OF2021(@ SPECIAL LEAVE PETITION (CRL.) NO.10857 OF2019 CRIMINAL APPEAL NO.__242_______ OF2021(@ SPECIAL LEAVE PETITION (CRL.) NO.10550 OF2019 CRIMINAL APPEAL NO.__243_______ OF2021(@ SPECIAL LEAVE PETITION (CRL.) NO.10858 OF2019 CRIMINAL APPEAL NO.___244______ OF2021(@ SPECIAL LEAVE PETITION (CRL.) NO.10860 OF2019 CRIMINAL APPEAL NO.____245_____ OF2021(@ SPECIAL LEAVE PETITION (CRL.) NO.10861 OF2019 1 CRIMINAL APPEAL No.246___ OF2021(@ SPECIAL LEAVE PETITION (CRL.) NO.10446 OF2019 CRIMINAL APPEAL Nos._247-248_ OF2021(@ SPECIAL LEAVE PE...
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Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION Civil Appeal No.317 of 2021 Arising out of SLP (C) No.9019 of 2019 UNITECH Limited & Ors. .... Appellants Versus Telangana State Industrial Infrastructure .... Respondents Corporation (TSIIC) & Ors. With Civil Appeal No.318 of 2021 Arising out of SLP (C) No.10135 of 2019 And With Civil Appeal No.319 of 2021 Arising out of SLP (C) No.17529 of 2019 1 JUDGMENT Dr Dhananjaya Y Chandrachud, J A. Background B. Proceedings before this Court C. Salient features of the transaction documents D. Submissions of the parties E. Analysis E.1. Maintainability of the writ petition under Article 226 E.2. Contractual right to compensatory payment E.3. Apportionment of the liabilities between the instrumentalities of the state of Andhra Pradesh and Telangana F. Summation 2 PART A A. Background 1 The appeals arise from a judgment dated 1 April 2019 of a Division Bench of the High Court for the State of Telangana. Three appeals will form ...
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Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION Civil Appeal No.4050 of 2020 Ramesh Kymal .... Appellant Versus M/s Siemens Gamesa Renewable Power Pvt Ltd. .... Respondent JUDGMENT Dr Dhananjaya Y Chandrachud, J1The appellate jurisdiction of this Court under Section 62 of the Insolvency and Bankruptcy Code, 2016 (IBC) has been invoked to challenge the judgement and order of the National Company Law Appellate Tribunal (NCLAT or Appellate Tribunal) dated 19 October 2020. The NCLAT affirmed the decision of the National 1 Company Law Tribunal (NCLT or Adjudication Authority) dated 9 July 2020, holding that in view of the provisions of Section 10A, which have been inserted by Act 17 of 2020 (the Amending Act) with retrospective effect from 5 June 2020, the application filed by the appellant as an operational creditor under Section 9 was not maintainable. 2 Some of the salient facts set out in the appeal are being adverted to in order to indicate the broad contours of t...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION TRANSFERRED CASE (CIVIL) No.229 OF2020RAJEEV SURI ...PETITIONER Versus DELHI DEVELOPMENT AUTHORITY & ORS. ...RESPONDENTS with TRANSFERRED CASE (CIVIL) No.230 OF2020CIVIL APPEAL No....... OF2020(Arising out of S.L.P. (Civil) No../2020) (@ Diary No.8430/2020) WRIT PETITION (CIVIL) No.510/2020 WRIT PETITION (CIVIL) No.638/2020 WRIT PETITION (CIVIL) No.681/2020 WRIT PETITION (CIVIL) No.845/2020 WRIT PETITION (CIVIL) No.853 OF2020WRIT PETITION (CIVIL) No.922/2020 WRIT PETITION (CIVIL) No.1041/2020 1 JUDGMENT A.M. Khanwilkar, J.TABLE OF CONTENTS S.No.TOPIC PARAS1 Introduction 1 2. Objectives of the Project 2-10 3. Proceedings and Contentions of the 11-123 Parties Consideration 4. Rule of Law 124-135 5. Democratic Due Process and 136-158 Judicial Review 6. Need for Heightened Judicial 159-167 Review 7. Constitutionalism 168-172 8. Participatory Democracy in India 173-198 9. Change in Land Use 199 a) What is Master Plan and Z...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.4096 of 2020 (arising out of SLP(C)No.15044 of 2020) THE STATE OF MAHARASHTRA & ANR. ...APPELLANT(S) VERSUS KESHAO VISHWANATH SONONE & ANR. ...RESPONDENT(S) WITH CIVIL APPEAL NO.4098-4100 of 2020 (arising out of SLP(C)No.15045-15047 of 2020) THE STATE OF MAHARASHTRA & ANR. ...APPELLANT(S) VERSUS ADIM GOWARI SAMAJ VIKAS MANDAL & ORS....RESPONDENT(S) WITH CIVIL APPEAL No.4097 of 2020 (arising out of SLP(C)No.7901 of 2019) ZANAKLAL ...APPELLANT(S) VERSUS ADIVASI GOND GOVARI (GOWARI) SEWA MANDAL & ORS. ...RESPONDENT(S) 1 AND CIVIL APPEAL No.4101 of 2020 (arising out of SLP(C) Diary No.17886 of 2020) UNION OF INDIA ...APPELLANT(S) VERSUS ADIVASI GOND GOVARI (GOWARI) SEVA MANDAL & ORS. ...RESPONDENT(S) JUDGMENT ASHO K BHUSHAN, J.Leave granted.2. These appeals filed against the common judgment dated 14.08.2018 of Bombay High Court, Nagpur Bench raise the issues of seminal importance pertaining to a Scheduled...
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