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july 2022

Supreme Court of India · 2022-07-15

M/S S.S. ENGINEERS vs HINDUSTAN PETROLEUM CORPORATION LTD.

Citation / case number
SC 2022/13748
Court
Supreme Court of India
Petitioner
M/S S.S. ENGINEERS
Respondent
HINDUSTAN PETROLEUM CORPORATION LTD.
Author
HON'BLE MS. JUSTICE INDIRA BANERJEE
Bench
HON'BLE MR. JUSTICE V. RAMASUBRAMANIAN HON'BLE MS. JUSTICE INDIRA BANERJEE

Judgment text excerpt

The Supreme Court upheld the decision of the National Company Law Appellate Tribunal (NCLAT) which set aside the NCLT's admission of an application for Corporate Insolvency Resolution Process (CIRP) against Hindustan Petroleum Corporation Ltd.'s subsidiary. The court found that there were pre-existing disputes between the parties that precluded the initiation of CIRP under Section 9 of the Insolvency and Bankruptcy Code. Consequently, the appeal by M/S S.S. Engineers was dismissed, affirming the NCLAT's directive to close the CIRP proceedings.

M/S S.S. ENGINEERS vs HINDUSTAN PETROLEUM CORPORATION LTD. · Niyam