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Supreme Court of India

Ajay Kumar Radheyshyam Goenka v. Tourism Finance Corporation of India Ltd.

Neutral citation
Reported as [2023] 4 S.C.R. 986
Bench Sanjay Kishan Kaul, Abhay S. Oka and J. B. Pardiwala JJ.
Decided 15 March 2023

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.

4 Supreme Court benches have cited this judgment.

What the Court ordered

In view of the aforesaid discussion, the appeal fails a nd is hereby dismissed.

Judgment, page 67

From the headnote

Insolvency and Bankruptcy Code 2016 – ss. 1(3), 7, 8, 9, 13, 14, 15, 29, 30, 31, 32A, 53, 61, 238 – Insolvency and ankruptcy (Application to Adjudicating Authority) Rules, 2016 – Rule 6 – Negotiable Instruments Act, 1881 – ss. 138, 139, 14 1, 142, 147 – Code of Criminal Procedure, 1973 – ss. 190, 200, 256, 257, 305, 482 – demand-cum-legal notice u/s. 138 of the NI Act was issued on behalf of the respondent calling upon the company a s accused no.1 and appellant herein as accused no.2 to settle the debt advanc ed by way of corporate loan – Amount was not paid – Cr iminal complaint was filed

Authorities it was built on

Where later benches applied it

Of those, 3 referred to · 1 mentioned

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