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october 2006

Supreme Court of India · 2006-10-31

Paramjeet Singh Patheja vs Icds Ltd

Citation / case number
AIR 2007 SUPREME COURT 168
Court
Supreme Court of India
Petitioner
Paramjeet Singh Patheja
Respondent
Icds Ltd
Author
Ar. Lakshmanan
Bench
Ar. Lakshmanan, Lokeshwar Singh Panta

Judgment text excerpt

The Supreme Court held that an arbitration award qualifies as a 'decree' under Section 9(2) of the Presidency Towns Insolvency Act, 1909, allowing for the issuance of an insolvency notice based on such an award. The Court affirmed the Division Bench's ruling that contradicted prior High Court decisions, establishing that the definition of 'decree' encompasses arbitration awards for insolvency proceedings. Consequently, the appeal against the High Court's order was dismissed, upholding the validity of the insolvency notice issued to the appellant.

Paramjeet Singh Patheja vs Icds Ltd · Niyam