Supreme Court of India

Committee of Creditors of Amtek Auto Limited through Corporation Bank v. Dinkar T. Venkatsubramanian and Others

Neutral citation
Reported as [2021] 9 S.C.R. 740
Bench M. R. Shah and Sanjiv Khanna JJ.
Decided 1 December 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.

What the Court ordered

For the above reasons, our conclusions and directions are that: (i) There is no merit in the application for rectification move d by DVI. IA No. 58156 of 2020 in Civil Appeal No 6707 of 2020 shall stand dismissed; (ii) It is not expedient in the interest of justice to purs ue the contempt proceedings.

Judgment, page 7

From the headnote

Insolvency and Bankruptcy Code, 2016 – s. 12 – Init iation of insolvency resolution process – The respondent no. 2-successful resolution applicant defaulted in its obligation – Therefore Adjudicating authority directed reconstitution of ommittee of Creditors (COC) of corporate debtor, for reconsider ation of Resolution Plan given by resolution applicant (Respondent no .3) – Respondent no.3 was declared as ineligible applicant – Appellate Authority ordered liquidation of corporate debtor – Appeal to Supreme Court by COC – Liquidation proceedings were s tayed – As per direction of Supreme

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