SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2021 Supreme(SC) 280

VINEET SARAN, DINESH MAHESHWARI
INDIA RESURGENCE ARC PRIVATE LIMITED – Appellant
Versus
AMIT METALIKS LIMITED – Respondent


Advocates Appeared:
For the Appellant :Sanjeev Singh, Kajal Bhatia, Prashant Tripathi, Sudhansu Palo, Advocates
For the Respondent:Kumarjit Banerjee, Gaurabh Gupta, Advocates

JUDGMENT

1. By way of this appeal under Section 62 of the Insolvency and Bankruptcy Code, 20161[ Hereinafter also referred to as 'the Code' or 'IBC.], the appellant India Resurgence ARC Private Limited seeks to question the order dated 02.03.2021 passed by the National Company Law Appellate Tribunal, New Delhi2[ Hereinafter also referred to as 'the Appellate Authority' or 'NCLAT'.] in CA(AT) (Insolvency) No. 1061 of 2020, whereby the Appellate Authority rejected its challenge to the order dated 20.10.2020 passed by the National Company Law Tribunal, Kolkata Bench, Kolkata3[ Hereinafter also referred to as 'the Adjudicating Authority' or 'NCLT'.] in approval of the resolution plan in the corporate insolvency resolution process4['CIRP' for short.] concerning the corporate debtor VSP Udyog Private Limited (respondent No. 2 herein), as submitted by the resolution applicant Amit Metaliks Limited (respondent No. 1 herein).

2. The appellant company is said to be the assignee of the rights, title and interest carried by Religare Finvest Limited as secured financial creditor of the corporate debtor, having 3.94% of voting share in the Committee of Creditors5['CoC' for short.].

3. When the reso


Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top