Supreme Court · 2021 INSC 71 · Decided 9 February 2021
Ramesh Kymal v. M/S Siemens Gamesa Renewable Power PVT. LTD.
- Court
- Supreme Court of India
- Citation
- 2021 INSC 71 · [2021] 3 S.C.R. 983
- Case number
- CIVIL APPEAL No. 4050/2020
- Decided
- 9 February 2021
- Bench
- D.Y. CHANDRACHUD, M.R. SHAH (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- IBC Section 10A, 5(11), 8(1), 9, 5
Headnote
Insolvency and Bankruptcy Code, 2016 - Embargo in s.10A - Applicability of - Application u/s.9 filed before 05 June 2020, in respect of a default which had occurred after 25 March 2020 - Maintainability of, in view of insertion of s.10A(inserted by Act 17 of 2020) with June 2020 - Application held not maintainable by NCLT - Decision affirmed by NCLAT - On appeal, held:Language of the provision is not always decisive of its prospective or retrospective application rather its object must also be taken into account - Expression "from
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)