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february 2022

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.

M/S Consolidated Construction ... vs M/S Hitro Energy Solutions Private ... · Niyam