Supreme Court of India

Jaipur Metals & Electricals Employees Organization through General Secretary Mr. Tej Ram Meena v. Jaipur Metals & Electricals Ltd. through its Managing Director & Ors.

Neutral citation
Reported as [2018] 14 S.C.R. 926
Bench R. F. Nariman and M. R. Shah JJ.
Decided 12 December 2018

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.

5 Supreme Court benches have cited this judgment.

What the Court ordered

We are of the view that the NCLT was absolutely correct in applying Section 23 8 of the Code to an independent proceeding instituted by a secured fina ncial creditor, namely, the Alchemist Asset Reconstruction Company Ltd.

Judgment, page 15

From the headnote

Insolvency and Bankruptcy Code, 2016 – ss.7, 238 – Respondent No.1-company became a non-performing asset – Board for Industrial and Financial Reconstruction (BIFR) wa s of prima facie opinion that the company ought to be wound up and same was forwarded to the High Court – High Court registered th e case as a Company Petition – Respondent No.3 acquired financial debts of Respondent No.1 – After some time, respondent no .3 filed application u/s.7 of the Code before the National ompany Law Tribunal (NCLT) stating that it had an assigned debt owed to i t by the respondent No.1 – NCLT by order

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