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october 2006

Supreme Court of India · 2006-10-31

K. SRINIVASA RAO vs THE GOVT. OF A.P.

Citation / case number
SC 2006/9303
Court
Supreme Court of India
Petitioner
K. SRINIVASA RAO
Respondent
THE GOVT. OF A.P.
Author
AR. Lakshmanan
Bench
LOKESHWAR SINGH PANTA DR. AR. LAKSHMANAN

Judgment text excerpt

The Supreme Court addressed whether an arbitration award qualifies as a 'decree' under Section 9(2) of the Presidency Towns Insolvency Act, 1909. The Court held that an arbitration award does constitute a decree for the purposes of the Insolvency Act, thereby allowing an insolvency notice to be issued based on such an award. This decision overturned the previous view expressed in Srivastava v. K.K. Modi Investments and Financial Services, affirming the Division Bench's ruling of the Bombay High Court.

K. SRINIVASA RAO vs THE GOVT. OF A.P. · Niyam