Supreme Court of India · 2021-12-14
E.S. KRISHNAMURTHY vs M/S BHARATH HI TECH BUILDERS PVT. LTD.
- Citation / case number
- SC 2020/18599
- Court
- Supreme Court of India
- Petitioner
- E.S. KRISHNAMURTHY
- Respondent
- M/S BHARATH HI TECH BUILDERS PVT. LTD.
- Author
- HON'BLE THE CHIEF JUSTICE
- Bench
- HON'BLE THE CHIEF JUSTICE, HON'BLE MR. JUSTICE SURYA KANT, HON'BLE MR. JUSTICE VIKRAM NATH
Judgment text excerpt
The Supreme Court addressed the appeal regarding the dismissal of a petition for initiating the Corporate Insolvency Resolution Process under the Insolvency and Bankruptcy Code. The court examined whether the National Company Law Tribunal could dismiss the petition solely based on the corporate debtor's initiation of settlement discussions without considering the merits of the case. The court ultimately upheld the NCLAT's decision, affirming that the tribunal must apply its mind to the merits before dismissing such petitions.