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april 2019

Supreme Court of India · 2019-04-30

Jk Jute Mill Mazdoor Morcha vs Juggilal Kamlapat Jute Mills Company ...

Citation / case number
AIR 2019 SUPREME COURT 2138
Court
Supreme Court of India
Petitioner
Jk Jute Mill Mazdoor Morcha
Respondent
Juggilal Kamlapat Jute Mills Company ...
Author
R.F. Nariman
Bench
Vineet Saran, R. F. Nariman

Judgment text excerpt

The Supreme Court addressed whether a trade union qualifies as an operational creditor under the Insolvency and Bankruptcy Code, 2016. It held that a trade union does not fall within the definition of an operational creditor as per Section 5(20) and Section 5(21) of the Code, since it does not provide services to the corporate debtor. The Court upheld the decisions of the NCLT and NCLAT, affirming that individual workers must file separate applications for their claims rather than a collective application through a trade union.

Jk Jute Mill Mazdoor Morcha vs Juggilal Kamlapat Jute Mills Company ... · Niyam