Supreme Court
Supreme Court Records Justice Abhay Oka–Mediated Settlement In Transcon–Anchor Point Insolvency Dispute
The Supreme Court of India has recently recorded a comprehensive settlement between Transcon Skycity Pvt. Ltd. and Anchor Point Developers Pvt. Ltd., bringing to an end a prolonged insolvency dispute arising out of a stalled real estate project. A bench of Justices J.B. Pardiwala and K.V. Viswanathan noted that the mediation conducted by former Supreme Court judge Justice Abhay S. Oka was successful and that a comprehensive mediation report had been submitted and taken on record. “We had...
IBC Is Now Being Misused Like Anything": CJI Surya Kant Flags Pre-Planned Auctions and Asset Undervaluation
The Supreme Court recently flagged the issue of IBC provisions being misused by Insolvent Companies to stage pre-planned auctions and sell assets at undervalued rates. The Chief Justice of India, Justice Surya Kant remarked on the gravity of instances where the IBC procedure is being misused, the CJI said :"Unfortunately, the IBC platform is now being misused like anything, you get the company's all assets undervalued, then you indulge in a kind of an auction, which is also a completely...
Supreme Court Dismisses Law Firm's ₹1.08-Crore Claim Against Insolvency-Bound Realty Company
The Supreme Court of India has recently dismissed an appeal by a law firm seeking to recover more than Rs 1 crore in unpaid legal fees from a realty company undergoing insolvency, declining to interfere with findings that the claim was not backed by the record. The appeal was filed by Juristica Legal Services LLP against Three C Universal Developers Private Limited, which is undergoing a Corporate Insolvency Resolution Process. A Bench of Justices Pamidighantam Sri Narasimha and Alok...
Supreme Court Refuses To Interfere With NCLAT Order Rejecting EPFO Claim Made After Liquidation Commencement
The Supreme Court has recently dismissed an appeal filed by the Employees' Provident Fund Organisation, declining to interfere with a ruling of the National Company Law Appellate Tribunal on the treatment of claims in liquidation. A Bench of Justices Sanjay Kumar and K. Vinod Chandran said it found “no good ground and reason” to interfere with the NCLAT judgment dated September 24, 2024. The dispute arose from the liquidation of Khushi Foods Limited, which began on October 9, 2019. During the...
Supreme Court Stays Insolvency Of Lotus 300 Developer, Seeks Response On Why CBI Probe Should Not Be Ordered
The Supreme Court on Tuesday stayed the ongoing corporate insolvency resolution process against Hacienda Projects Private Ltd, the developer of the Lotus 300 housing project at Sector 107, Noida. It issued notice in appeals filed by the Lotus 300 Apartment Owners' Association challenging orders of the National Company Law Appellate tribunal. “In the meantime, the CIRP process shall remain stayed.”, the court said.A bench of Chief Justice Surya Kant and Justices Joymalya Bagchi, Vipul M....
Single Insolvency Petition Against Intrinsically Linked Real Estate Companies Maintainable: Supreme Court
The Supreme Court on Monday upheld insolvency proceedings against two closely linked real estate companies, holding that a single insolvency petition can be maintained against multiple corporate entities under the Insolvency and Bankruptcy Code, 2016, where the companies are intrinsically linked in the same project. A Division Bench of Justice Sanjay Kumar and Justice K. Vinod Chandran dismissed appeals filed by the erstwhile directors of Grand Venezia Commercial Towers Private Limited and...
Supreme Court Asks NCLT To Re-Examine RP Appointment In Finefacilis Personal Guarantor Insolvency
The Supreme Court recently sent the issue of appointing a resolution professional in insolvency proceedings against a personal guarantor of Finefacilis Management Private Limited on a plea by Samman Capital back to the National Company Law Tribunal. It directed the tribunal to hear objections on whether the appointment followed the procedure under the Insolvency and Bankruptcy Code. The NCLT has been asked to pass a fresh order on the Section 95 application (Personal Guarantor Insolvency) ...
Supreme Court Refuses To Interfere With NCLAT Order Upholding CIRP Against Air Travel Enterprises
The Supreme Court on Tuesday dismissed an appeal filed by E.M. Najeeb Ellias Mohammed, promoter of Kerala-based travel agency Air Travel Enterprises India Ltd., declining to interfere with an NCLT order admitting insolvency proceedings against the company as a corporate guarantor A bench of Justices Pamidighantam Sri Narasimha and Vijay Bishnoi held that no error of law or fact was committed by the National Company Law Tribunal. “Having heard learned senior counsel appearing for the appellant...
Supreme Court Says NCLT Could Not Have Decided Title Of Gloster Trademark In Fort Gloster Insolvency
The Supreme Court on Thursday held that the National Company Law Tribunal could not have decided the ownership of the trademark “Gloster” while exercising powers under Section 60(5) of the Insolvency and Bankruptcy Code, as the dispute did not arise in relation to the insolvency resolution process. A bench of Justices J.B. Pardiwala and K.V. Viswanathan upheld the National Company Law Appellate Tribunal,decision setting aside the NCLT Kolkata's finding that the trademark belonged to the...
Supreme Court Denies Housing Societies Locus To Intervene In Insolvency Admission; Issues Directions For CoC
The Supreme Court has held that housing societies lack the locus standi to intervene in the admission stage of insolvency proceedings, ruling that “right to initiate or participate in CIRP flows from the debt transaction and the statute, not from associative or representational interest.” While limiting third-party intervention, the court simultaneously directed that the Committee of Creditors (CoC) “shall mandatorily record cogent and specific reasons in writing” whenever it...
Promise To Arrange Funds In Case of Default Does Not Make Promoter A Guarantor: Supreme Court
The Supreme Court of India has held that a promoter's promise to arrange funds to help a borrower meet financial covenants does not amount to a contract of guarantee under the Indian Contract Act and cannot be used to fasten insolvency liability on the promoter. A bench of Justice Sanjay Kumar and Justice Alok Aradhe said that for an obligation to qualify as a guarantee under Section 126 of the Act, there must be a clear and unambiguous promise by the surety to repay the borrower's debt if the...