Supreme Court of India
Independent Sugar Corporation Ltd. v. Girish Sriram Juneja & Ors.
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 in cases such as the present, the CCI must issue notice to the acquirer and also the target, i.e., the corporate debtor subjected to the resolution process represented by an RP. Irrespective of different statutory schemes in the sections relied on by CCI, it can be said that the words “it shall issue notice to the parties to show cause” cannot be restricted only to the proposed acquirer.
Judgment, page 125
From the headnote
Issue for Consideration Whether the approval of a proposed combination by the Competition Commission of India (CCI) must mandatorily precede the approval of the Resolution Plan, by the Committee of Creditors (CoC), as stipulated under the proviso to Section 31(4) of The Insolvency and Bankruptcy Code, 2016. Headnotes† Insolvency and Bankruptcy Code, 2016 – s.31(4) proviso – If mandatory or directory – Corporate Insolvency Resolution Process of ‘HNGIL’, the Corporate Debtor/Target Company with a 60% market share of the glass packaging industry in India – Proposed combination between ‘HNGIL’
Authorities it was built on
- 2020 Indore Development Authority v. Manoharlal & Ors. Etc.
- 2002 Bhavnagar University v. Palitana Sugar Mill Pvt, Ltd. and Ors.
- 2019 Swiss Ribbons Pvt. Ltd. & Anr. v. Union of India & Ors.
- 1985 S. Sundaram Pillai, Etc. v. V.R. Pattabiraman Etc.
- 2014 Hardeep Singh v. State of Punjab & Ors.
- 1984 A.R. Antulay v. Ramdas Sriniwas Nayak and Another
- 2019 Committee of Creditors of Essar Steel India Limited through Authorised Signatory v. Satish Kumar Gupta & Ors.
- 2012 Bharat Aluminium Co. v. Kaiser Aluminium Technical Service, Inc.
- 1957 Kanai Lal Sur v. Paramnidhi Sadhukhan
- 1970 H. H. Maharajadhiraja Madhav Rao Jiwaji Rao Scindia Bahadur & Ors. v. Union of India
- 2002 Union of India v. Hansoli Devi & Ors.
- 1989 Supreme Court Employees Welfare Association Etc. Etc. v. Union of India & Anr. Etc. Etc.
- 2018 Arcelormittal India Private Limited v. Satish Kumar Gupta & Ors.
- 1955 Tirath Singh v. Bachittar Singh and Others
- 1957 Sri Venkataramana Devaru and Others v. The State of Mysore and Others
- 2002 Dilawar Balu Kurane v. State of Maharashtra
- 1960 The State of Uttar Pradesh and Others v. Babu Ram Upadhya
- 1961 M/s. Sainik Motors, Jodhpur and Others v. The State of Rajasthan
- 2010 Competition Commission of India v. Steel Authority of India Ltd. & Anr.
- 1960 The J. K. Cotton Spinning & Weaving Mills Co., Ltd. v. The State of Ultar Pradesh & Ors.
- 2008 Smt. Bachahan Devi & Anr. v. Nagar Nigam, Gorakhpur & Anr.
- 2021 Ebix Singapore Private Limited v. Committee of Creditors of Educomp Solutions Limited & Anr.
- 1950 Commissioner of Agricultural Income-tax, Bengal v. Sri Keshab Chandra Mandal
- 1975 Nasiruddin v. State Transport Appellate Tribunal
- 2004 Tata Consultancy Services v. State of Andhra Pradesh
- 1979 Sharlf-ud-din v. Abdul Gani Lone
- 2015 Mackinon Mackenzie & Company Ltd. v. Mackinnon Employees Union
- 1993 The Commissioner of Income Tax, Orissa v. N.C. Budharaja & Company and Anr. Etc. Etc.
- 2002 Harbhajan Singh v. Press Council of India and Ors.
- 1992 Nelson Motis v. Union of India and Anr.
- 1990 Shashikant Laxman Kale and Anr. v. Union of India and Anr.
- 2001 Gurudevdatia Vksss Maryadit and Ors. v. State of Maharashtra and Ors.
- 1982 Om Prakash Gupta Etc. v. Dig Vijendrapal Gupta Etc.
- 2019 State of Orissa & Anr. v. Dhirendra Sundar Das & Ors.
- 1962 State of Uttar Pradesh v. Dr. Vijay Anand Maharaj
- 2022 M/s. Patil Automation Private Limited and Ors. v. Rakheja Engineers Private Limited
- 2024 Glas Trust Company Llc v. Byju Raveendran & Ors.
- 1982 Precision Steel and Engineering Works and Another v. Prem Deva Niranjan Deva Tayal
- 2016 Union of India & Ors. v. M/s. Cipla Ltd. & Anr.
- 1962 M/s New India Sugar Mills Ltd. v. Commissioner of Sales Tax, Bihar
- 2007 Tamil Nadu State Electricity Board v. Central Electricity Regulatory Commission and Ors.
- 2007 Visitor and Ors. v. K.s.misra
- 2006 Vemareddy Kumaraswamy Reddy and Anr. v. State of A.P.
- 2020 Samir Agrawal v. Competition Commission of India & Ors.
- 1963 The Mahalaxmi Mills Ltd. v. The Commissioner of Income-tax, Bombay
- 1954 Rananjaya Singh v. Baijnath Singh and Others
- 2022 The Employees State Insurance Corporation & Ors. v. M/s Key Dee Cold Storage Pvt. Ltd.
- 1966 State of Madhya Pradesh v. Azad Bharat Finance Co. & Anr.
- 2024 State Bank of India and Ors v. E Consortium of Mr Murari Lal Jalan and Mr Florian Fritsch and Anr
Where later benches applied it
- 2026 Elegna Co-op. Housing and Commercial Society Ltd. v. Edelweiss Asset Reconstruction Company Limited & Anr.
- 2025 The State of Goa & Anr. v. Namita Tripathi
Of those, 1 referred to · 1 mentioned
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