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september 2017

Supreme Court of India · 2017-09-19

Surendra Trading Company vs Juggilal Kamlapat Jute Mills Company ...

Citation / case number
AIR 2018 SC 186
Court
Supreme Court of India
Petitioner
Surendra Trading Company
Respondent
Juggilal Kamlapat Jute Mills Company ...
Author
A.K. Sikri
Bench
Ashok Bhushan, A.K. Sikri

Judgment text excerpt

The Supreme Court affirmed the NCLAT's ruling that the seven-day period prescribed in the proviso to sub-section (5) of Section 9 of the Insolvency and Bankruptcy Code, 2016 is mandatory for operational creditors to rectify defects in their applications for initiating corporate insolvency resolution. The Court held that failure to comply with this timeline results in the rejection of the application, thereby establishing the importance of adhering to statutory timelines in insolvency proceedings. The decision clarifies the procedural requirements under the Code for operational creditors seeking to initiate insolvency resolution processes.

Surendra Trading Company vs Juggilal Kamlapat Jute Mills Company ... · Niyam