Supreme Court of India
K. Kishan v. M/s Vijay Nirman Company Pvt. Ltd.
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.
4 Supreme Court benches have cited this judgment.
What the Court ordered
We are of the view that the judgment of the Appellate Tribunal needs to be set aside and is therefore reversed.
Judgment, page 15
From the headnote
Insolvency and Bankruptcy Code, 2016: s.9 – Invocati on of the Code in respect of an operational debt where an arbitral a ward has been passed against the operational debtor which ha s not yet been finally adjudicated upon – Arbitration award i n favour of respondent – Notice under s.8 of the Code sent to KCPL to pay the award amount – Within 10 days, KCPL disputed the in voice and filed s.34 petition – Thereafter, respondent filed petit ion under s.9 of the Code – Held: Under the Code, insofar as an o perational debt is concerned, all that has to be seen is whether the said d ebt can be said
Authorities it was built on
Where later benches applied it
- 2022 M/s S.S. Engineers v. Hindustan Petroleum Corporation Ltd. & Ors.
- 2021 M/s. Jai Balaji Industries v. D.K. Mohanty & Anr.
- 2019 Hindustan Construction Company Limited & Anr.dia & Ors. v. Union of India
- 2019 Duncans Industries Ltd. v. A. J. Agrochem
Of those, 1 relied on · 3 referred to
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