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december 2021

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.

E.S. KRISHNAMURTHY vs M/S BHARATH HI TECH BUILDERS PVT. LTD. · Niyam