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Supreme Court of India

Jaypee Kensington Boulevard Apartments Welfare Association & Ors. v. Nbcc (india) Ltd. & Ors.

Neutral citation
Reported as [2021] 12 S.C.R. 603
Bench A. M. Khanwilkar, Dinesh Maheshw Ari and Sanjiv Khanna JJ.
Decided 24 March 2021

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

Conclusions are as follows: A. The Adjudicating Authority has limited jurisdiction in the matter of approval of a resolution plan, which is well-defi ned and circumscribed by Sections 30(2) and 31 of the Code.

Judgment, page 291

From the headnote

Insolvency and Bankruptcy Code, 2016 – ss. 30(2) and 31 – Contours of the jurisdiction of Adjudicating Author ity in dealing with a resolution plan – Held: The Adjudicating Authority has limi ted jurisdiction in the matter of approval of a resolution plan, which is well-defined and circumscribed by ss.30(2) and 31 of the Code – In the adjudicatory process concerning a resolution plan under IBC, there is no scope for interference with the commerc ial aspects of the decision of the Committee of Creditors (CoC); and t here is no scope for substituting any commercial term of the resolu tion plan

Authorities it was built on

Where later benches applied it

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

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