Supreme Court · 2019 INSC 95 · Decided 25 January 2019
Swiss Ribbons PVT. LTD. & ANR. v. Union of India & ORS.
- Court
- Supreme Court of India
- Citation
- 2019 INSC 95 · [2019] 3 S.C.R. 535
- Case number
- WRIT PETITION (CIVIL) No. 99/2018
- Decided
- 25 January 2019
- Bench
- R.F. NARIMAN, NAVIN SINHA (2-judge bench)
- Outcome
- Disposed off
- Case type
- Writ / Constitutional
- Acts & sections cited
- Constitution Article 14; IBC
Headnote
Insolvency and Bankruptcy Code, 2016: Constitutional validity of - Held: Provisions of the Code passes constitutional muster. ss. 5(7), 5(8), 5(20), 7(1), 7(4), 7(5), 8 and 9 - Classification between financial creditor and operational creditor - Whether of Art. 14 - Held: Preserving the corporate debtor as a going concern, while ensuring maximum recovery for all creditors being the objective of the Code, financial creditors are clearly different from operational creditors - Thus, there is an intelligible differentia between the
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