Supreme Court of India

New Okhla Industrial Development Authority v. Anand Sonbhadra

Neutral citation
Reported as [2022] 5 S.C.R. 319
Bench K. M. Joseph and Hrishikesh Roy JJ.
Decided 17 May 2022

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.

2 Supreme Court benches have cited this judgment.

What the Court ordered

We are of the view that we would be placing a wholly strained and unreasonable interpretation on Section 5(8)(f), if we were to hold that lessee has raised funds from the lessor (appellant) under the lease in ques tion.

Judgment, page 105

From the headnote

Insolvency and Bankruptcy Code, 2016: ss. 21, 27, 28, 30 – Proceedings involving Corporate Debtor – Committee of reditors – Importance and Procedure – In the idea of resurrecting an ai ling corporate debtor, the Code contemplates the formation of Committee of Creditors as per s.21 – The Committee consists o f financial creditors as per s. 27 – The Committee is conferred wi th the duty to appoint Resolution Professionals – The Resolution Plan scrutini zed by such professionals then awaits the decision of the Commit tee as per s. 30 – It is a fundamental aspect of the committe e that it

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