Supreme Court · 2015 INSC 19 · Decided 9 January 2015

Infrastructure Leasing & Financial Services Limited v. B.P.L. Limited

Court
Supreme Court of India
Citation
2015 INSC 19 · [2015] 2 S.C.R. 273
Case number
CIVIL APPEAL No. 2701/2006
Decided
9 January 2015
Bench
ANIL R. DAVE, DIPAK MISRA (2-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
CPC; Contract Act Section 176, 177; Companies Act Section 391

Headnote

Companies Act, 1956 - s.391 - Compromise between Company and its creditors - Respondent-company proposed a scheme involving its creditors - Application ul B c s 391(1) by respondent-company seeking permission for holding meeting for consideration of approval of the D compromise - Objection the creditors (appellant) denying applicability of the scheme on it on the ground that it was not a secured creditor as its status as secured creditor was changed in view of subsequent events including the arbitration award which was passed on E consent; and that in view of Order II r 2 CPC the

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