Supreme Court · 2025 INSC 25 · Decided 2 January 2025

Mohammed Enterprises (Tanzania) LTD. v. Farooq Ali Khan & ORS.

Court
Supreme Court of India
Citation
2025 INSC 25 · [2025] 1 S.C.R. 177
Case number
CIVIL APPEAL No. 48/2025
Decided
2 January 2025
Bench
PAMIDIGHANTAM SRI NARASIMHA, MANOJ MISRA (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
Constitution Article 136; IBC Section 60(5)(c)

Headnote

Whether the High Court was justified in interdicting CIRP proceedings under the Insolvency and Bankruptcy Code. Insolvency and Bankruptcy Code, 2016 - s.60(5)(c) - The High Court exercised the power of judicial review and interdicted Process - Correctness: Held: The jurisdiction and power of the Adjudicating Authority under Section 60(5)(c) has already been reiterated by this Court in its various decisions - In the instant case, it is important to note that CIRP proceedings commenced on 26.10.2018, six years

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