Supreme Court · 2025 INSC 1110 · Decided 12 September 2025
Mansi Brar Fernandes v. Shubha Sharma and ANR.
- Court
- Supreme Court of India
- Citation
- 2025 INSC 1110 · [2025] 10 S.C.R. 169
- Case number
- CIVIL APPEAL No. 3826/2020
- Decided
- 12 September 2025
- Bench
- J.B. PARDIWALA, R MAHADEVAN (2-judge bench)
- Outcome
- Disposed off
- Case type
- Civil
- Acts & sections cited
- Constitution Article 21; NI Act Section 138; IBC Section 7
Headnote
Whether the appellants, fall within the category of "speculative investors" so as to disentitle them from initiating proceedings u/s.7 of the IBC; whether the Ordinance/Amendment Act introducing threshold requirements for filing of s.7 IBC applications by the present case. Insolvency and Bankruptcy Code, 2016 - s.7 - NCLAT set aside the NCLT's order and reversed the admission of the application filed u/s.7 by the appellants, holding that they were "speculative investors" and not genuine homebuyers/
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