Supreme Court · 2021 INSC 206 · Decided 24 March 2021

Jaypee Kensington Boulevard Apartments Welfare Association & ORS. v. Nbcc (India) LTD. & ORS.

Court
Supreme Court of India
Citation
2021 INSC 206 · [2021] 12 S.C.R. 603
Case number
CIVIL APPEAL No. 3395/2020
Decided
24 March 2021
Bench
A.M. KHANWILKAR, DINESH MAHESHWARI, SANJIV KHANNA (3-judge bench)
Outcome
Disposed off
Case type
Civil
Acts & sections cited
Constitution; IBC Section 30(2), 31

Headnote

Insolvency and Bankruptcy Code, 2016 - ss. 30(2) and 31 - Contours of the jurisdiction of Adjudicating Authority in dealing with a resolution plan - Held: The Adjudicating Authority has limited jurisdiction in the matter of approval of a well-defined and circumscribed by ss.30(2) and 31 of the Code - In the adjudicatory process concerning a resolution plan under IBC, there is no scope for interference with the commercial aspects of the decision of the Committee of Creditors (CoC); and there is no scope for substituting any

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