Supreme Court · 2021 INSC 28 · Decided 19 January 2021

Manish Kumar v. Union of India and Another

Court
Supreme Court of India
Citation
2021 INSC 28 · [2021] 14 S.C.R. 895
Case number
WRIT PETITION (CIVIL) No. 26/2020
Decided
19 January 2021
Bench
R.F. NARIMAN, NAVIN SINHA, K.M. JOSEPH (3-judge bench)
Outcome
Dismissed
Case type
Writ / Constitutional
Acts & sections cited
Consumer Protection Act; IBC Section 7(1), 7

Headnote

Insolvency and Bankruptcy Code (Amendment) Act, 2020 - s.3 -s.3 of the impugned amendment, amended s.7(1) of the Insolvency and Bankruptcy Code, 2016, incorporating three provisos to s.7(1) - Under the second proviso, a new threshold was declared for an allottee to move an resolution process under the Code - The second proviso provided that for financial creditors who were allottees under a real estate project, an application for initiating corporate insolvency resolution process against the corporate debtor was to be filed jointly by not less than one

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