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august 2017

Supreme Court of India · 2017-08-31

M/S. INNOVENTIVE INDUSTRIES LTD vs ICICI BANK

Citation / case number
SC 2017/17291
Court
Supreme Court of India
Petitioner
M/S. INNOVENTIVE INDUSTRIES LTD
Respondent
ICICI BANK
Author
HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN
Bench
HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN

Judgment text excerpt

The Supreme Court ruled that the Insolvency and Bankruptcy Code, 2016, under Section 238, prevails over the Maharashtra Relief Undertakings (Special Provisions) Act, 1958, thereby allowing the insolvency resolution process to proceed despite the temporary suspension of liabilities under the Maharashtra Act. The Court held that the appellant's claims regarding the non-release of funds under the Master Restructuring Agreement did not absolve it from its obligations under the Code. Consequently, the appeal was dismissed, affirming the NCLT's order to initiate insolvency proceedings.

M/S. INNOVENTIVE INDUSTRIES LTD vs ICICI BANK · Niyam