Niyam v2 is live — start for just ₹100 — 200 credits to try

november 2019

Supreme Court of India · 2019-11-08

RAHUL JAIN vs RAVE SCANS PVT. LTD.

Citation / case number
SC 2019/35157
Court
Supreme Court of India
Petitioner
RAHUL JAIN
Respondent
RAVE SCANS PVT. LTD.
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 addressed the appeal against the NCLAT's modification of a resolution plan under the Insolvency and Bankruptcy Code, 2016 (IBC). The Court held that the NCLAT's finding of discrimination against the financial creditor, Hero Fincorp Ltd., was justified, as it resulted in unequal treatment of creditors contrary to the principles established in Regulation 38 of the IBC. The Court upheld the NCLAT's directive to increase the liquidation value offered to Hero, reinforcing the need for equitable treatment of all creditors in resolution plans.

RAHUL JAIN vs RAVE SCANS PVT. LTD. · Niyam