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Supreme Court of India

Asset Reconstruction Company (india) Limited v. Bishal Jaiswal & Anr.

Neutral citation
Reported as [2021] 3 S.C.R. 524
Bench Rohinton Fali Nariman, B. R. Gavai and Hrishikesh Roy JJ.
Decided 15 April 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.

12 Supreme Court benches have cited this judgment.

What the Court ordered

In view of the aforesaid finding, I am of the opinion that the learned trial court was not justified in decreeing the suit.

Judgment, page 27

From the headnote

Insolvency and Bankruptcy Code, 2016 – s.7 – Some original lenders of the corporate debtor, assigned the debts owed to them by the corporate debtor to the appellant – Appellant t ook actual physical possession of project assets of the corporate debtor under the SARFAESI Act and filed application u/s.7 of IBC before the National Company Law Tribunal (NCLT) for default fr om the corporate debtor – As the relevant form indicating the date of default did not indicate any such date, this was subsequently made up by the appellant by filing a supplementary affidavit bef ore the NCLT, specifically

Authorities it was built on

Where later benches applied it

Of those, 1 relied on · 1 referred to · 10 mentioned

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