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Supreme Court of India · 2022-02-04

M/S CONSOLIDATED CONSTRUCTION CONSORTIUM LTD. vs M/S HITRO ENERGY SOLUTIONS PRIVATE LIMITED

Citation / case number
SC 2020/7690
Court
Supreme Court of India
Petitioner
M/S CONSOLIDATED CONSTRUCTION CONSORTIUM LTD.
Respondent
M/S HITRO ENERGY SOLUTIONS PRIVATE LIMITED
Author
HON'BLE THE CHIEF JUSTICE
Bench
HON'BLE MR. JUSTICE SURYA KANT HON'BLE THE CHIEF JUSTICE

Judgment text excerpt

The Supreme Court addressed the appeal concerning the classification of the appellant as an operational creditor under the Insolvency and Bankruptcy Code, 2016. The court analyzed the evidentiary value of the respondent's Memorandum of Association and the limitation period for filing the application under Section 9. Ultimately, the court upheld the NCLT's decision to admit the application, reinforcing the criteria for operational creditors and the importance of documentary evidence in insolvency proceedings.

M/S CONSOLIDATED CONSTRUCTION CONSORTIUM LTD. vs M/S HITRO ENERGY SOLUTIONS PRIVATE LIMITED · Niyam