Supreme Court of India · 2022-02-04
M/S Consolidated Construction ... vs M/S Hitro Energy Solutions Private ...
- Court
- Supreme Court of India
- Petitioner
- M/S Consolidated Construction ...
- Respondent
- M/S Hitro Energy Solutions Private ...
- Author
- D.Y. Chandrachud
- Bench
- Vikram Nath, Surya Kant, Dhananjaya Y Chandrachud
Judgment text excerpt
The Supreme Court addressed the appeal concerning the status of the appellant as an operational creditor under the Insolvency and Bankruptcy Code, 2016. The court analyzed the evidentiary value of the Memorandum of Association (MOA) of the respondent and the applicability of limitation under Section 9. Ultimately, the court upheld the decision of the National Company Law Tribunal, allowing the initiation of the Corporate Insolvency Resolution Process against the respondent.