Supreme Court · 2023 INSC 479 · Decided 2 May 2023
Moser Baer Karamchari Union THR. President Mahesh Chand Sharma v. Union of India and ORS.
- Court
- Supreme Court of India
- Citation
- 2023 INSC 479 · [2023] 6 S.C.R. 85
- Case number
- WRIT PETITION (CIVIL) No. 421/2019
- Decided
- 2 May 2023
- Bench
- M.B. SHAH, SANJIV KHANNA (2-judge bench)
- Outcome
- Dismissed
- Case type
- Writ / Constitutional
- Acts & sections cited
- Constitution Article 21; Companies Act Section 327(7), 271; IBC Section 53, 36(4)
Headnote
Companies Act, 2013: s. 327(7) - Constitutional validity - Held: s. 327(7) provides that ss. 326 and 327 shall not be applicable in the event of liquidation under the IBC, in view of the enactment of IBC and it applies with respect to the liquidation of a company under the cannot be said to be arbitrary and/or violative of Art. 21 - In case of liquidation of a company under IBC, the provisions of s. 53 IBC and other provisions of the IBC shall be applicable as the company is ordered to be liquidated or wound up under the provisions of IBC -
Judgments are the courts' own published copies, provided for study; they are not certified copies. Source: Indian Supreme Court & High Court Judgments, Dattam Labs (CC-BY-4.0)