Supreme Court · 2021 INSC 59 · Decided 3 February 2021

Phoenix Arc PVT. LTD. v. Ketulbhai Ramubhai Patel

Court
Supreme Court of India
Citation
2021 INSC 59 · [2021] 1 S.C.R. 1043
Case number
CIVIL APPEAL No. 5146/2019
Decided
3 February 2021
Bench
ASHOK BHUSHAN, M.R. SHAH, R. SUBHASH REDDY (3-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
Contract Act Section 124, 126, 172; IBC Section 5(7), 5(8), 3, 60

Headnote

Insolvency and Bankruptcy code, 2016 - ss. 5(7), 5(8), 3 and 60 - Contract Act, 1872 - ss.124, 126 and 172 -L&T Infrastructure Finance company advanced the financial facility to 'D' - A facility agreement was executed between 'D' (borrower) company (lender) - Lender advanced to borrower Rs.40 crores - 'DV' (corporate debtor) gave an undertaking in favour of L&T Infrastructure Finance to the effect that 100% of their shareholding in GEL shall not be disposed of so long as any amounts were due and payable

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