Court : Supreme Court of India
REPORTABLE2024INSC15IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 3088-3089 OF2020BHARTI AIRTEL LIMITED AND ANOTHER ..... A P PELLANTS VERSUS VIJAYKUMAR V. IYER AND OTHERS ..... R E SPONDENTS SANJIV KHANNA, J.The present appeals raise an interesting question on the right to claim set-off in the Corporate Insolvency Resolution Process, when the Resolution Professional proceeds in terms of clause (a) to sub-section (2) of Section 25 of the Insolvency and Bankruptcy Code, 20161 to take custody and control of all the assets of the corporate debtor.2. In order to decide the issue raised in these appeals, we are required to refer to the facts in brief:2. 1 In April 2016, Bharti Airtel Limited and Bharti Hexacom Limited2 1 For short, IBC. 2For short- The appellants or Airtel entities. C.A. Nos. 3088-3089 of 2020 Page 1 of 41 JUDGMENT entered into eight spectrum trading agreements with Aircel Limited and Dishnet Wireless Limited3 for purchase of the right to use ...
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REPORTABLE2024INSC14IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.9133 OF2019DBS BANK LIMITED SINGAPORE ..... A PPELLANT VERSUS RUCHI SOYA INDUSTRIES LIMITED AND ANOTHER ..... R E SPONDENTS WITH CIVIL APPEAL No.787 OF2020JUDGMENT SANJIV KHANNA, J.The issue that arises for consideration in the present appeals is: Whether Section 30(2)(b)(ii) of the Insolvency and Bankruptcy Code, 20161, as amended in 2019, entitles the dissenting financial creditor to be paid the minimum value of its security interest?.2. Appellant - DBS Bank Limited Singapore had extended financial debt of around USD50000,000 (fifty million dollars only) or Rs. 1 For short, IBC or the Code, as the case may be. Civil Appeal No.9133 of 2019 & Anr. Page 1 of 32 243,00,00,000 (rupees two hundred forty three crore only) to M/s. Ruchi Soya Industries Limited2, the corporate debtor.3. The financial debt was secured by: (i) a sole and exclusive first charge over certain immovable and fixed assets o...
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1 R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE20H DAY OF DECEMBER, 2023 BEFORE THE HON'BLE MR. JUSTICE M. NAGAPRASANNA WRIT PETITION No.2841 OF2023(GM-CC) BETWEEN: G.MANJUNATHA S/O LATE GOVINDU, AGED ABOUT43YEARS, FORMER MEMBER OF LEGISLATIVE ASSEMBLY, R/AT MARAHERU KOTHUR, AMBLIKAL POST, MULBAGAL TALUK, KOLAR. ... PETITIONER (BY SRI ASHOK HARANAHALLI, SENIOR ADVOCATE A/W., SRI RAGUPATHY K., ADVOCATE) AND:1. . THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF SOCIAL WELFARE M.S. BUILDING, VIKASA SOUDHA AMBEDKAR VEEDHI BENGALURU - 560 001. 2 2 . THE DEPUTY COMMISSIONER AND CHAIRMAN DISTRICT CASTE VERIFICATION COMMITTEE MULBAGAL ROAD, NH-75 KOLAR DISTRICT KOLAR - 563 101. 3 . THE DEPUTY SECRETARY (ADMN) DEPARTMENT OF ZILLA PANCHAYATH KOLAR CHICKBALLAPUR ROAD KOLAR DISTRICT KOLAR - 563 101. 4 . THE TAHSILDAR MULBAGAL TALUK KOLAR DISTRICT KOLAR - 563 131. 5 . MEMBER SECRETARY / THE JOINT DIRECTOR DEPARTMENT OF SOCIAL WELFARE KOLAR DISTRICT GANDHINA...
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Reportable 2023 INSC1058IN THE SUPREME COURT OF INDIA ORIGINAL WRIT / APPELLATE JURISDICTION Writ Petition (Civil) No.1099 of 2019 IN RE: ARTICLE370OF THE CONSTITUTION With Writ Petition (C) No.871 of 2015 With Writ Petition (C) No.722 of 2014 With SLP (C) No.19618 of 2017 With Writ Petition (C) No.1013 of 2019 With Writ Petition (C) No.1082 of 2019 With Writ Petition (C) No.1068 of 2019 1 With Writ Petition (C) No.1037 of 2019 With Writ Petition (C) No.1062 of 2019 With Writ Petition (C) No.1070 of 2019 With Writ Petition (C) No.1104 of 2019 With Writ Petition (C) No.1165 of 2019 With Writ Petition (C) No.1210 of 2019 With Writ Petition (C) No.1222 of 2019 With Writ Petition (C) No.396 of 2017 With Writ Petition (C) No.756 of 2017 With Writ Petition (C) No.398 pf 2018 With 2 Writ Petition (C) No.924 of 2018 With Writ Petition (C) No.1092 of 2018 With Writ Petition (C) No.1162 of 2018 With Writ Petition (C) No.1048 of 2019 With Writ Petition (C) No.1268 of 2019 And With Writ Petition (...
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2023 INSC1013REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.1527 OF2022RAMKRISHNA FORGINGS LIMITED APPELLANT VERSUS RAVINDRA LOONKAR, RESOLUTION PROFESSION OF ACIL LIMITED & ANR.1 RESPONDENTS R1 : Ravindra Loonkar, Resolution Profession(al) of ACIL Limited R2 : Committee of Creditors of ACIL Ltd. 1 Cause-title should correctly include Resolution Professional instead of 'Resolution Profession. 2 JUDGMENT AHSANUDDIN AMANULLAH, J.Heard learned counsel for the parties.2. The present appeal under Section 622 of the Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as the Code) is directed against the Judgment dated 19.01.2022 (hereinafter referred to as the Impugned Judgment) passed by the National Company Law Appellate Tribunal (hereinafter referred to as the NCLAT) in Company Appeal (AT)(Ins) No.845 of 2021 which has upheld the order passed by the Adjudicating Authority (National Company Law Tribunal3) [hereinafter referred to as the Ad...
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1 REPORTABLE2023INSC942IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO(S). 1628 OF2023THE STATE OF TELANGANA & ORS. APPELLANT(S) VERSUS M/S TIRUMALA CONSTRUCTIONS RESPONDENT(S) WITH C.A. No.2502-2513/2023, C.A. No.2644-2686/2023, C.A. No.2732/2023, C.A. No.2733/2023, C.A. No.1654/2023, C.A. No.1683/2023, C.A. No.1662//2023, C.A. No.1663/2023, C.A. No.1629/2023, C.A. No.1658/2023, C.A. No.1630/2023, C.A. No.1653/2023, C.A. No.1655/2023, C.A. No.1657/2023, C.A. No.1672/2023, C.A. No.1676/2023, C.A. No.1656/2023, C.A. No.1661/2023, C.A. No.1664/2023, C.A. No.1660/2023, C.A. No.1682/2023, C.A. No.1665/2023, C.A. No.1666/2023, C.A. No.1667/2023, C.A. No.1668/2023, C.A. No.1669/2023, C.A. No.1659/2023, C.A. No.2690/2023, C.A. No.1670/2023, C.A. No.1673/2023, C.A. No.1671/2023, C.A. No.1674/2023, C.A. No.1675/2023, C.A. No.1677/2023, C.A. No.2687/2023, C.A. No.2688/2023, C.A. No.2689/2023, SLP(C) No.7776/2023, SLP(C) No.13543-13545/2023, SLP(C) No.13529-13530/2023, ...
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NON-REPORTABLE2023NSC873 IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.8641 OF2009MUKESH KUMAR APPELLANT(S) VERSUS S. KULDEEP SINGH RESPONDENT (S) JUDGMENT S.V.N. BHATTI, J.1. The appellant-Mukesh Kumar is the tenant of Shop No.5 at Guru Amardas Chowk, Model Town, Jalandhar. In the instant Civil Appeal, he challenges the Order of Eviction from Shop No.5 under Section 13-B of the Act1.2. S. Kuldeep Singh, son of S. Harbhajan Singh-owner, filed Eviction Application No.6 of 2003 against the appellant-tenant for the subject premises before the Rent Controller, Jalandhar. Parties are referred to as Mukesh Kumar and S. Kuldeep Singh for the appellant and the respondent, respectively. The eviction case is that S. Kuldeep Singhs father, late S. Harbhajan Singh, owned the tenanted premises. S. Kuldeep Singh inherited the ownership of the tenanted premises along with other legal heirs of S. Harbhajan Singh. The monthly rent is 1 East Punjab Urban Rent Restriction A...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. OF2023(ARISING OUT OF SLP (C) NOS.2373-2377 OF2020 M/S TRINITY INFRAVENTURES LTD. & ORS. ETC. APPELLANT(S) VERSUS M.S. MURTHY & ORS. ETC. RESPONDENT(S) WITH CIVIL APPEAL No.OF2023(ARISING OUT OF SLP (C) NO.24098 OF2022 CIVIL APPEAL NOS. OF2023(ARISING OUT OF SLP (C) NOS.8884-8887 OF2022 CIVIL APPEAL No.OF2023(ARISING OUT OF SLP (C) NO.2203 OF2022 CIVIL APPEAL No.OF2023(ARISING OUT OF SLP (C) NO.256 OF2022 CIVIL APPEAL NOS. OF2023(ARISING OUT OF SLP (C) NOS.8888-8891 OF2022 CIVIL APPEAL No.OF2023(ARISING OUT OF SLP (C) NO.1584 OF2022 CIVIL APPEAL No.OF2023(ARISING OUT OF SLP (C) NO.980 OF2022 CIVIL APPEAL No.OF2023(ARISING OUT OF SLP (C) NO.8872 OF2022 CIVIL APPEAL No.OF2023(ARISING OUT OF SLP (C) No.OF2023 (ARISING OUT OF DIARY No.19266 OF2022 1 JUDGMENT V. Ramasubramanian, J.Permission to file special leave petitions is granted in Diary No.19266 of 2022.2. Delay condoned.3. Leave granted.4. Aggriev...
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R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE30H DAY OF MAY, 2023 PRESENT THE HON'BLE MR. JUSTICE B. VEERAPPA AND THE HONBLE Mrs. JUSTICE K.S. HEMALEKHA WRIT PETITION No.21879/2014 (GM-RES)-PIL BETWEEN: SRI.N.P.AMRUTESH, S/O. LATE PUTTASWAMY, AGED54YEARS, R/O NO.28(103), 10TH MAIN, BEHIND AMBEDKAR B.ED COLLEGE, J.C. NAGAR, KURUBARAHALLI, BANGALORE-560 086. ...PETITIONER (BY SRI V.R., DATTAR, ADVOCATE FOR SRI N. K. SIDDESWARA, ADVOCATE) AND:1. . THE UNION OF INDIA, MINISTRY OF LAW AND JUSTICE SOUTH BLOCK, NEW DELHI-110 001, REPRESENTED BY ITS SECRETARY. 2 . THE HONOURABLE HIGH COURT OF KARNATAKA, BANGALORE-560 001, REPRESENTED BY ITS REGISTRAR GENERAL. 3 . THE HONOURABLE CHIEF JUSTICE, HIGH COURT OF KARNATAKA, BANGALORE-560 001. 2 4 . THE STATE OF KARNATAKA, DEPARTMENT OF LAW AND JUSTICE, VIDHANA SOUDHA, DR. AMBEDKAR VEEDHI, BANGALORE-560 001, REPRESENTED BY ITS SECRETARY. 5 . THE AUDITOR AND COMPTROLLER GENERAL OF INDIA, HAVING HIS OFFICE, OPP: VIDHANA SOUDHA (NORTH), BA...
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- 1 - WP No.11158/2013 C/W W.P.Nos.43928/2012, 11966/2013 23287/2013, 62434/2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU R DATED THIS THE22D DAY OF MAY, 2023 BEFORE THE HON'BLE MR JUSTICE KRISHNA S DIXIT W.P. No.11158/2013(LR) C/W W.P.Nos.43928/2012, 11966/2013, 23287/2013, 62434/2016(LR) IN W.P.No.11158/2013: BETWEEN:1. SRI. CLARENCE PAIS, AGED ABOUT84YEARS, S/O LATE L C PAIS, ADVOCATE & NOTARY, RESIDING AT LIGHT HOUSE HILL, MANGALOREF-575 001. DAKSHINA KANNADA DISTRICT.2. THE DIOCESE OF MANGALORE, REPRESENTED BY LORD BISHOP, REV DR. ALOYSIUS P D SOUZA, AGED ABOUT71YEARS, SON OF LATE MATHIAS D SOUZA, RESIDING AT BISHOPS HOUSE, KODIALBAIL, MANGALORE-575 003. DAKSHINA KANNADA DISTTRICT.3. SRIMAD ANANTHESHWARA TEMPLE, MANJESHWAR KERALA STATE, REPRESENTED BY ITS TRUSTEE, K GOKULDAS BHAT, AGED ABOUT70YEARS, SON OF LATE A V P BHAT, RESIDING AT "VARALAXMI" - 2 - WP No.11158/2013 C/W W.P.Nos.43928/2012, 11966/2013 23287/2013, 62434/2016 NEAR S V TEMPLE, KATAPADI574105. UDUPI DISTRICT.4. R...
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