Supreme Court · 2023 INSC 308 · Decided 28 March 2023
Abhishek Singh v. Huhtamaki PPL LTD. & ANR.
- Court
- Supreme Court of India
- Citation
- 2023 INSC 308 · [2023] 4 S.C.R. 596
- Case number
- CIVIL APPEAL No. 2241/2023
- Decided
- 28 March 2023
- Bench
- BHUSHAN RAMKRISHNA GAVAI, VIKRAM NATH (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Constitution; IBC Section 9, 12A, 14, 66
Headnote
Insolvency and Bankruptcy Code, 2016: ss.9 and 12A - Interpretation of s. 12A and Regn 30A - Withdrawal of application of Corporate Insolvency Resolution Process-CIRP before the constitution of Committee of Creditors-CoC - Validity of - Held: s.12A admitted u/ss. 7, 9 and 10 - s. 12A does not debar entertaining applications for withdrawal even before constitution of CoC - Application u/s. 12A cannot be said to be kept pending for constitution of CoC, even where such application was filed before the constitution of CoC
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