Supreme Court · 2023 INSC 1056 · Decided 29 November 2023
Hari Babu Thota v. *
- Court
- Supreme Court of India
- Citation
- 2023 INSC 1056 · [2023] 16 S.C.R. 917
- Case number
- CIVIL APPEAL No. 4422/2023
- Decided
- 29 November 2023
- Bench
- SANJAY KISHAN KAUL, SUDHANSHU DHULIA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- IBC Section 29A, 240A
Headnote
HEADNOTES Issue for consideration: Whether the resolution applicant was disqualifi ed under the primary conditions as specifi ed u/s.29A of the Insolvency and Bankruptcy Code, 2016 and; whether the corporate debtor not having an MSME status at the time of commencement of CIRP proceedings would applicant u/s.29A of the Code as benefi t of s.240A would not be available. Insolvency and Bankruptcy Code, 2016 - ss.29A, 240A - Persons not eligible to be resolution applicant - Application of the Code to micro, small and medium enterprises - Appellant-Resolution
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