Supreme Court · 2022 INSC 53 · Decided 18 January 2022

Bank of Baroda & Anr v. MBL Infrastructures Limited & ORS.

Court
Supreme Court of India
Citation
2022 INSC 53 · [2022] 12 S.C.R. 761
Case number
CIVIL APPEAL No. 8411/2019
Decided
18 January 2022
Bench
SANJAY KISHAN KAUL, M.M. SUNDRESH (2-judge bench)
Outcome
Disposed off
Case type
Civil
Acts & sections cited
IBC Section 29A(h), 29A, 12(3)

Headnote

Insolvency and Bankruptcy Code, 2016 - s.29A(h) (as amended by the Act 26 of 2018) - Interpretation and scope of - Held: s.29A(h) creates one more category of persons not being eligible to be a resolution applicant - Other than the persons mentioned thereunder, any disqualification - The word "person" is of a wider import to include a promoter or a director, as the case may be - The definition of "person" as mentioned u/s.3(23) of the Code includes certain categories of persons and thus, there is no such exclusion

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