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october 2018

Supreme Court of India · 2018-10-23

TRANSMISSION CORPORATION OF ANDHRA PRADESH LIMITED vs EQUIPMENT CONDUCTORS AND CABLES LIMITED

Citation / case number
SC 2018/34994
Court
Supreme Court of India
Petitioner
TRANSMISSION CORPORATION OF ANDHRA PRADESH LIMITED
Respondent
EQUIPMENT CONDUCTORS AND CABLES LIMITED
Author
HON'BLE MR. JUSTICE A.K. SIKRI
Bench
HON'BLE MR. JUSTICE ASHOK BHUSHAN HON'BLE MR. JUSTICE A.K. SIKRI

Judgment text excerpt

The Supreme Court examined the order of the NCLAT which condoned a six-day delay in an appeal and provided an opportunity for the parties to settle a claim before initiating Corporate Insolvency Resolution Process under the Insolvency and Bankruptcy Code, 2016. The Court held that the NCLT had previously dismissed the respondent's petition under Section 9 of the IBC, determining that the claims were not maintainable and were time-barred due to prior arbitration. The Court emphasized the importance of valid disputes in insolvency proceedings and upheld the NCLT's findings, thereby preventing the initiation of CIRP against the appellant.

TRANSMISSION CORPORATION OF ANDHRA PRADESH LIMITED vs EQUIPMENT CONDUCTORS AND CABLES LIMITED · Niyam