Supreme Court of India
Mansi Brar Fernandes v. Shubha Sharma and Anr.
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
Before parting, we observe that the right to housing is not merely a contractual entitlement but a facet of the fundamental right to life under Article.
Judgment, page 42
From the headnote
Issue for Consideration Whether the appellants, fall within the category of “speculative investors” so as to disentitle them from initiating proceedings u/s.7 of the IBC; whether the Ordinance/Amendment Act introducing threshold requirements for filing of s.7 IBC applications by allottees was applicable to the facts of the present case. Headnotes† Insolvency and Bankruptcy Code, 2016 – s.7 – NCLAT set aside the NCLT’s order and reversed the admission of the application filed u/s.7 by the appellants, holding that they were “speculative investors” and not genuine homebuyers/ financial creditors
Authorities it was built on
- 1973 His Holiness Kesavananda Bharati Sripadagalavaru v. State of Kerala
- 2019 Swiss Ribbons Pvt. Ltd. & Anr. v. Union of India & Ors.
- 2019 Pioneer Urban Land and Infrastructure Limited & Anr. v. Union of India & Ors.
- 1995 Shantistar Builders v. Narayan Khimalal Gotame and Ors. Etc.
- 1995 Chameli Singh v. The State of U.P.
- 1975 State of Punjab and Another v. Shamlal Murari & Anr,
- 2016 Anita Kushwaha v. Pushap Sudan
- 1954 Duni Chand Rataria v. Bhuwalka Brothers Ltd.
- 2021 Manish Kumar v. Union of India and Another
- 1960 Madhubhai Amathalal Gandhi v. The Union of India
- 1996 Rameshwarlal v. Municipal Council, Tonk and Ors.
- 1979 Jute Investment Co. Ltd. v. Commissioner of Income Tax, West Bengal, Calcutta
- 2021 Upendra Choudhury v. Bulandshahar Development Authority & Ors.
Where later benches applied it
- 2026 Alpha Corp Development Private Limited v. Greater Noida Industrial Development Authority (gnida)
- 2026 Elegna Co-op. Housing and Commercial Society Ltd. v. Edelweiss Asset Reconstruction Company Limited & Anr.
Of those, 2 referred to
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