Supreme Court of India

New Okhla Industrial Development Authority v. Anand Sonbhadra

Neutral citation
Bench K. M. Joseph and Hrishikesh Roy JJ.
Decided 17 May 2022

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

We are of the view that we would be placing a wholly strained and unreasonable interpretation on Section 5(8)(f), if we were to hold that lessee has raised funds from the lessor (appellant) under the lease in question.

Judgment, page 105

From the headnote

Insolvency and Bankruptcy Code, 2016: ss. 21, 27, 28, 30 – Proceedings involving Corporate Debtor – Committee of Creditors – Importance and Procedure – In the idea of resurrecting an ailing corporate debtor, the Code contemplates the formation of Committee of Creditors as per s.21 – The Committee consists of financial creditors as per s. 27 – The Committee is conferred with the duty to appoint Resolution Professionals – The Resolution Plan scrutinized by such professionals then awaits the decision of the Committee as per s. 30 – It is a fundamental aspect of the committee that it consists of…

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