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2025 Supreme(SC) 1961

SUPREME COURT OF INDIA
SANJAY KUMAR, ALOK ARADHE
Livein Aqua Solutions Private Limited – Appellant
Versus
HDFC Bank Limited – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Gaurav Agarwal, Sr. Adv. Mr. Prasanjet Keswani, Sr. Adv. Mr. Amjid Maqbool, Adv. Ms. Yashvi Aswani, Adv. Ms. Pallavi Pratap, AOR
For the Respondent(s): Mr. Gopal Jain, Sr. Adv. Mr. Bheem Sain Jain, Adv. Mr. Ayush Singhal, Adv. Mr. Nagarkatti Kartik Uday, AOR

JUDGMENT

SANJAY KUMAR, J

1. The short issue that arises for consideration in this appeal is whether an application under Section 7 of the Insolvency and Bankruptcy Code, 2016 [For short, ‘the IBC], verified on 26.07.2023 but supported by an affidavit deposed to on 17.07.2023 would be liable to be rejected at the threshold on that ground.

2. The National Company Law Tribunal, Ahmedabad Bench [For short, ‘the NCLT’], opined so and non-suited the respondent-bank, vide order dated 18.06.2024 passed in C.P.(IB)/97(AHM)2024, its petition filed under Section 7 of the IBC against the appellant-company[For short, ‘the company’]. Disgruntled therewith, the respondent-bank filed an appeal in Comp. App. (AT) (Ins) No. 1534 of 2024 before the National Company Law Appellate Tribunal, Principal Bench, New Delhi, [For short, ‘the NCLAT’]. By order dated 27.08.2025, the NCLAT allowed the appeal and restored C.P.(IB)/97(AHM)2024 to its original number. The matter was remanded to be decided on merits and in accordance with law. Aggrieved thereby, the company is in appeal under Section 62 of the IBC.

3. As only the ambit and effect of the aforestated procedural aspect needs to be addressed and we are not

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