Supreme Court of India

Duncans Industries Ltd. v. A. J. Agrochem

Neutral citation
Bench Arun Mishra, M. R. Shah and B.R. Gavai JJ.
Decided 4 October 2019

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

2 Supreme Court benches have cited this judgment.

What the Court ordered

In view of the above and for the reasons stated above, the present appeal fails and the same deserves to be dismissed and is accordingly dismissed.

Judgment, page 18

From the headnote

Insolvency and Bankruptcy Code, 2016: ss. 7, 9 and 238 – Application for initiation of corporate insolvency resolution process by operational creditor – On facts, appellant-operational debtor managing 14 tea gardens, out of which, Central Government in exercise of power u/s. 16E of the Tea Act, took control of 7 gardens – Appellant defaulted in making payment to respondent–operational creditor against the pesticides supplied by the respondent – Initiation of insolvency proceedings u/s. 9 by the respondent against the appellant – NCLT held that the proceedings were not maintainable since prior…

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