Supreme Court of India

Committee of Creditors of Amtek Auto Limited through Corporation Bank v. Dinkar T. Venkatsubramanian and Others

Neutral citation
Bench M. R. Shah and Sanjiv Khanna JJ.
Decided 1 December 2021

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.

What the Court ordered

For the above reasons, our conclusions and directions are that: (i) There is no merit in the application for rectification moved by DVI. IA No. 58156 of 2020 in Civil Appeal No 6707 of 2020 shall stand dismissed; (ii) It is not expedient in the interest of justice to pursue the contempt proceedings.

Judgment, page 7

From the headnote

Insolvency and Bankruptcy Code, 2016 – s. 12 – Initiation of insolvency resolution process – The respondent no.2-successful resolution applicant defaulted in its obligation – Therefore Adjudicating authority directed reconstitution of Committee of Creditors (COC) of corporate debtor, for reconsideration of Resolution Plan given by resolution applicant (Respondent no.3) – Respondent no.3 was declared as ineligible applicant – Appellate Authority ordered liquidation of corporate debtor – Appeal to Supreme Court by COC – Liquidation proceedings were stayed – As per direction of Supreme Court, in…

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