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

2021 Supreme(Bom) 1480

SANDEEP K.SHINDE
Dewan Housing Finance Corporation Limited – Appellant
Versus
Union Of India – Respondent


Advocates appeared:
Ravi Kadam, Advocate, Karan Kadam, Advocate, Aditya Mithe, Advocate, Vivek Shetty, Advocate, Amey Mirajkar, Advocate, Nishant Upadhyay, Advocate, Ayush Chaddha, Advocate, Aabad Ponda, Advocate, Chitra Rentala, Advocate, Pranav Badheka, Advocate, Rohan Dakshini, Advocate, Pooja Kothari, Advocate, Urvi Gupte, Advocate, Ninad More, Advocate, Siddhant Rai, Advocate, Hiten Venegaonkar, Advocate

JUDGMENT

Sandeep K. Shinde, J. - Rule. Rule, made returnable forthwith. By consent of the parties, taken up for hearing forthwith.

2. Writ Petition No. 3157 of 2021 under Article 227 of the Constitution of India read with Section 482 of the Criminal Procedure Code, seeks to challenge order dated 20th August 2021, by which the learned Special Judge, CBI, Greater Bombay in exercise of jurisdiction under Section 32A of the Insolvency and Bankruptcy Code, 2016 ("IBC" for short), declined to discharge Dewan Housing Finance Corporation Limited-Corporate Debtor, from the CBI Special Case No. 830 of 2021 and permitted prosecution of the, Corporate Debtor through its erstwhile Directors (accused nos. 2 and 3) in CBI Special Case No. 830 of 2021.

3. Petitioner, in Writ Petition No. 3221 of 2021, is the successful resolution applicant, whose Resolution Plan dated 22nd December, 2020 has been approved by the Committee of Creditors of Dewan Housing Finance Corporation Limited (DHFL)-(Corporate Debtor) with an overwhelming majority of 93. 65% voting and thereafter by the National Company Law Appellate Tribunal (NCLAT), Mumbai, vide its order dated 7th June, 2021.

4. Applicant in Interim Application

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