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november 2023

Supreme Court of India · 2023-11-09

M/S IFCI LIMITED vs SUTANU SINHA

Citation / case number
SC 2023/27290
Court
Supreme Court of India
Petitioner
M/S IFCI LIMITED
Respondent
SUTANU SINHA
Author
HON'BLE MR. JUSTICE SANJAY KISHAN KAUL
Bench
HON'BLE MR. JUSTICE SANJAY KISHAN KAUL, HON'BLE MR. JUSTICE SUDHANSHU DHULIA, HON'BLE MR. JUSTICE AHSANUDDIN AMANULLAH

Judgment text excerpt

The Supreme Court examined the validity and implications of Compulsorily Convertible Debentures (CCDs) in a highway project financed through a complex structure involving multiple entities and agreements. The court analyzed the nature of hybrid documents like CCDs, their treatment as security, and their role in financing arrangements. The judgment clarified the legal standing of such financial instruments within the framework of corporate and contractual law, emphasizing the importance of transparency and adherence to statutory provisions. The court ultimately upheld the validity of the CCDs and the financing structure employed in this case.

M/S IFCI LIMITED vs SUTANU SINHA · Niyam