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Supreme Court of India

Anuj Jain Interim Resolution Professional for Jaypee Infratech Limited v. Axis Bank Limited Etc. Etc.

Neutral citation
Reported as [2020] 8 S.C.R. 291
Bench A. M. Khanwilkar and Dinesh Maheshwari JJ.
Decided 26 February 2020

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.

8 Supreme Court benches have cited this judgment.

What the Court ordered

Held as under: (SCC p. 294, para 33) “33 . When an interpretation clause uses the word ‘includes’, it is prima facie extensive.

Judgment, page 136

From the headnote

Insolvency and Bankruptcy Code, 2016: Sections 5(7), 5(8), 7, 43, 45 and 66 – Corporate insolve ncy resolution process against corporate-debtor company – The claim of lenders of the holding Company of corporate-debt or for being recognized as financial creditors of the corporate- debtor on the strength of transactions whereby the corporate-debt or had mortgaged its properties as collateral securities for the loan to the holding company of the corporate-debtor – The claim rej ected by Interim Resolution Professional (IRP) – Application by IRP seeking avoidance of the mortgage transactions as

Authorities it was built on

Where later benches applied it

Of those, 1 relied on · 3 referred to · 4 mentioned

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