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october 2023

Supreme Court of India · 2023-10-19

INFRASTRUCTURE LEASING AND FINANCIAL SERVICES LTD. vs HDFC BANK LTD.

Citation / case number
SC 2022/20414
Court
Supreme Court of India
Petitioner
INFRASTRUCTURE LEASING AND FINANCIAL SERVICES LTD.
Respondent
HDFC BANK LTD.
Author
HON'BLE MR. JUSTICE S. RAVINDRA BHAT
Bench
HON'BLE MR. JUSTICE DIPANKAR DATTA HON'BLE MR. JUSTICE S. RAVINDRA BHAT

Judgment text excerpt

The Supreme Court examined whether the documents executed between IL&FS and HDFC, specifically the Assignment Agreement, constituted an assignment that fell outside the scope of an asset and security freeze order issued by the NCLAT. The court analyzed the nature of the transaction, particularly whether the transfer of rents and income from lease agreements amounted to an assignment of assets. The judgment focused on the legal characterization of these documents in relation to insolvency and asset freeze orders. The court's decision clarified the scope of asset transfers under such agreements in insolvency proceedings.

INFRASTRUCTURE LEASING AND FINANCIAL SERVICES LTD. vs HDFC BANK LTD. · Niyam