Supreme Court · 2025 INSC 124 · Decided 29 January 2025

Independent Sugar Corporation LTD. v. Girish Sriram Juneja & ORS.

Court
Supreme Court of India
Citation
2025 INSC 124 · [2025] 1 S.C.R. 1782
Case number
CIVIL APPEAL No. 6071/2023
Decided
29 January 2025
Bench
HRISHIKESH ROY, SUDHANSHU DHULIA, SARASA VENKATANARAYANA BHATTI (3-judge bench)
Outcome
Disposed off
Case type
Civil
Acts & sections cited
IBC Section 31(4), 30(2)(e), 30(3), 30(4), 34(4)(a)

Headnote

Whether the approval of a proposed combination by the Competition Commission of India (CCI) must mandatorily precede the approval of the Resolution Plan, by the Committee of Creditors (CoC), as stipulated under the proviso to Section 31(4) of Code, 2016. Insolvency and Bankruptcy Code, 2016 - s.31(4) proviso - If mandatory or directory - Corporate Insolvency Resolution Process of 'HNGIL', the Corporate Debtor/Target Company with a 60% market share of the glass packaging industry

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