Supreme Court of India

Ajay Kumar Radheyshyam Goenka v. Tourism Finance Corporation of India Ltd.

Neutral citation
Bench Sanjay Kishan Kaul, Abhay S. Oka and J.B. Pardiwala JJ.
Decided 15 March 2023

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.

7 Supreme Court benches have cited this judgment.

What the Court ordered

In view of the aforesaid discussion, the appeal fails and is hereby dismissed.

Judgment, page 67

From the headnote

Insolvency and Bankruptcy Code 2016 – ss. 1(3), 7, 8, 9, 13, 14, 15, 29, 30, 31, 32A, 53, 61, 238 – Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016 – Rule 6 – Negotiable Instruments Act, 1881 – ss. 138, 139, 141, 142, 147 – Code of Criminal Procedure, 1973 – ss. 190, 200, 256, 257, 305, 482 – demand-cum-legal notice u/s. 138 of the NI Act was issued on behalf of the respondent calling upon the company as accused no.1 and appellant herein as accused no.2 to settle the debt advanced by way of corporate loan – Amount was not paid – Criminal complaint was filed…

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