Supreme Court of India
Tottempudi Salalith v. State Bank of India & Ors.
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1 Supreme Court bench has cited this judgment.
What the Court ordered
We are of the opinion that this question also ought to be addressed by the Appellate Tribunal.
Judgment, page 19
From the headnote
Issue for consideration: Issues arose as to whether the d ebts in connection with the recovery certifi cate issued in the year 2015, could form subject matter of an application u/s.7 IBC; whether the the banks having approached the DRT, were barred under the doctrine of election from approaching the NCLT for recovery of same set of debts; and whether the date of default should go back to the date on which the loan account of the corporate debtor was declared as non-performing asset. Insolvency and Bankruptcy Code, 2016 – s. 7 – Debts in connection with the recovery certifi cate issued in the
Authorities it was built on
- 2006 M/s Transcore v. Union of India and Anr.
- 2018 B.K. Educational Services Private Limited v. Parag Gupta and Associates
- 2020 Babulal Vardharji Gurjar v. Veer Gurjar Aluminium Industries Pvt. Ltd. & Anr.
- 2019 Jignesh Shah & Anr. v. Union of India & Anr.
- 2019 Vashdeo R Bhojwani v. Abhyudaya Co-operative Bank Ltd & Anr.
- 2019 Gaurav Hargovindbhai Dave v. Asset Reconstruction Company (india) Ltd. & Anr.
Where later benches applied it
Of those, 1 referred to
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