Supreme Court · 2023 INSC 816 · Decided 11 September 2023
M/S. RPS Infrastructure LTD. v. Mukul Kumar & ANR.
- Court
- Supreme Court of India
- Citation
- 2023 INSC 816 · [2023] 12 S.C.R. 150
- Case number
- CIVIL APPEAL No. 5590/2021
- Decided
- 11 September 2023
- Bench
- SANJAY KISHAN KAUL, SUDHANSHU DHULIA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Arbitration Act Section 37, 34; IBC Section 7
Headnote
HEADNOTES Issue for consideration: Whether the commercial entity's claim pertaining to an arbitral award, in appeal u/s. 37 of the Arbitration and Conciliation Act, 1996, is liable to be included at a belated stage-after the resolution plan approved by the Committee of Creditors and pending Insolvency and Bankruptcy Code, 2016 - Initiation of Corporate Insolvency Resolution Process against the Corporate Debtor - Resolution plan approved by the Committee of Creditors-CoC and pending approval by the adjudicating authority - Inclusion of commercial entity's
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