Supreme Court · 2021 INSC 794 · Decided 26 November 2021

Electrosteel Castings Limited v. Uv Asset Reconstruction Company Limited & ORS.

Court
Supreme Court of India
Citation
2021 INSC 794 · [2021] 7 S.C.R. 532
Case number
CIVIL APPEAL No. 6669/2021
Decided
26 November 2021
Bench
M.R. SHAH, SANJIV KHANNA (2-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
IBC; SARFAESI Act Section 34, 17, 13

Headnote

Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002: s.34 - Civil court not to have jurisdiction - On facts, suit filed by the appellant-Guarantor seeking declaration that the Assignee acquired no under the Assignment Deed and that the Assignee is not a secured creditor vis-à-vis the applicant - Appellant's case that in view of the approved resolution plan under IBC, the original corporate debtor being discharged, there shall not be any debt so far as the

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