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november 2019

Supreme Court of India · 2019-11-15

MUNICIPAL CORPORATION OF GREATER MUMBAI (MCGM) vs ABHILASH LAL

Citation / case number
SC 2019/29086
Court
Supreme Court of India
Petitioner
MUNICIPAL CORPORATION OF GREATER MUMBAI (MCGM)
Respondent
ABHILASH LAL
Author
HON'BLE MR. JUSTICE S. RAVINDRA BHAT
Bench
HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN

Judgment text excerpt

The Supreme Court upheld the decision of the National Company Law Appellate Tribunal (NCLAT) regarding the resolution plan approved under the Insolvency and Bankruptcy Code, 2016 (IBC). The Court clarified that the Municipal Corporation of Greater Mumbai (MCGM) could not be classified as a Financial Creditor as it did not meet the criteria under Section 5(7) of the IBC. The Court affirmed the NCLAT's ruling that MCGM's claims were operational in nature and thus did not warrant the status of a Financial Creditor, leading to the dismissal of MCGM's appeal.

MUNICIPAL CORPORATION OF GREATER MUMBAI (MCGM) vs ABHILASH LAL · Niyam