Supreme Court of India

Ramesh Kymal v. M/s Siemens Gamesa Renewable Power Pvt. Ltd.

Neutral citation
Reported as [2021] 3 S.C.R. 983
Bench Dr Dhananjaya Y. Chandrachud and M. R. Shah JJ.
Decided 9 February 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.

From the headnote

Insolvency and Bankruptcy Code, 2016 – Embargo in s.10A – Applicability of – Application u/s.9 filed before 05 June 2020, in respect of a default which had occurred after 25 Ma rch 2020 – Maintainability of, in view of insertion of s.10A(insert ed by Act 17 of 2020) with retrospective effect from 05 June 2020 – App lication held not maintainable by NCLT – Decision affirmed by NCLAT – On appeal, held:Language of the provision is not alway s decisive of its prospective or retrospective application rather its object must also be taken into account – Expression “from such date” in s.1 0A

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