Supreme Court of India

Paramjeet Singh Patheja v. Icds Ltd.

Neutral citation

Reported as [2006] SUPP. 8 S.C.R. 178

Decided 31 October 2006

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

We hold : H (i) that no insolvency notice can be issued under Section 9(2) of the PARAMJEET SINGH PATHEJA v.

Judgment, page 27

From the headnote

Arbitration and Conciliation Act, 1996; Ss. 35-36/Presidency Towns lnsolvency Act, 1909; S. 9 and 9(2): Arbitration award-Nature of-Issuance of an insolvency notice in pursuance of an award-Correctness of-Held: Since 1909 Act is a statute weighed down with grave consequence of civil death for a person adjudged as an insolvent, it has to be construed strictly-Since an arbitration is not an adjudication, an award is not a decree/order for payment-Therefore, it could not be enforced as a decree-Issuance of Notice under the Insolvency Act is fraught with serious consequences-Such a notice,

Authorities it was built on

2001 The Oriental Insurance Co. Ltd. Etc. v. Hansrajbhai V. Kodala and Ors. Etc. Etc. cited by 10

Where later benches applied it

2020 Government of India v. 1.vedanta Limited (formerly Cairn India Ltd.) 2. Ravva Oil (singapore) Pte. Ltd. 3. Videocon Industries Limited relied on
2016 M/s Umesh Goel v. Himachal Pradesh Cooperative Group Housing Society Ltd. relied on
2013 The Rajasthan State Industrial Development and Investment Corporation & Anr. v. Diamond and Gem Development Corporation Ltd. & Anr. relied on
2023 Sabarmati Gas Limited v. Shah Alloys Limited referred to
2014 Kanpur Jal Sansthan & Another v. M/s. Bapu Construction referred to
2011 Leela Hotels Ltd. v. Housing & Urban Development Corporation Ltd. mentioned
2022 Kotak Mahindra Bank Limited v. A. Balakrishnan & Anr. distinguished

Of those, 3 relied on · 1 distinguished · 2 referred to · 1 mentioned

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