Supreme Court · 2021 INSC 254 · Decided 15 April 2021
Asset Reconstruction Company (India) Limited v. Bishal Jaiswal & ANR.
- Court
- Supreme Court of India
- Citation
- 2021 INSC 254 · [2021] 3 S.C.R. 524
- Case number
- CIVIL APPEAL No. 323/2021
- Decided
- 15 April 2021
- Bench
- R.F. NARIMAN, BHUSHAN RAMKRISHNA GAVAI, HRISHIKESH ROY (3-judge bench)
- Outcome
- Disposed off
- Case type
- Civil
- Acts & sections cited
- Constitution Article 141; Companies Act Section 2(40), 90, 128, 129, 134, 137; Limitation Act Section 18, 9; IBC Section 7, 238A; SARFAESI Act Section 2(40), 90, 128, 129, 134, 137
Headnote
Insolvency and Bankruptcy Code, 2016 - s.7 - Some original lenders of the corporate debtor, assigned the debts owed to them by the corporate debtor to the appellant - Appellant took actual physical possession of project assets of under the SARFAESI Act and filed application u/s.7 of IBC before the National Company Law Tribunal (NCLT) for default from the corporate debtor - As the relevant form indicating the date of default did not indicate any such date, this was subsequently made up by the appellant by filing a
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