Supreme Court of India · 2021-02-09
RAMESH KYMAL vs M/S. SIEMENS GAMESA RENEWABLE POWER PRIVATE LIMITED
- Citation / case number
- SC 2020/27296
- Court
- Supreme Court of India
- Petitioner
- RAMESH KYMAL
- Respondent
- M/S. SIEMENS GAMESA RENEWABLE POWER PRIVATE LIMITED
- Author
- HON'BLE THE CHIEF JUSTICE
- Bench
- HON'BLE MR. JUSTICE M.R. SHAH HON'BLE THE CHIEF JUSTICE
Judgment text excerpt
The Supreme Court addressed the appeal concerning the maintainability of an application filed by an operational creditor under Section 9 of the Insolvency and Bankruptcy Code, 2016, in light of the retrospective effect of Section 10A introduced by the Amending Act. The Court upheld the decisions of the NCLAT and NCLT, confirming that the appellant's claim was not maintainable due to the provisions of the IBC. Consequently, the appeal was dismissed, reinforcing the legal framework governing insolvency proceedings.