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october 2023

Supreme Court of India · 2023-10-06

VISHAL CHELANI vs DEBASHIS NANDA

Citation / case number
SC 2023/15801
Court
Supreme Court of India
Petitioner
VISHAL CHELANI
Respondent
DEBASHIS NANDA
Author
HON'BLE MR. JUSTICE S. RAVINDRA BHAT
Bench
HON'BLE MR. JUSTICE ARAVIND KUMAR HON'BLE MR. JUSTICE S. RAVINDRA BHAT

Judgment text excerpt

The Supreme Court examined the validity of a resolution plan under the Insolvency and Bankruptcy Code, which distinguished between home buyers based on their approach to RERA proceedings. The plan favored home buyers who did not seek remedies under RERA by offering them better terms, raising questions about discrimination and fairness. The court analyzed whether such differentiation was permissible under insolvency law and principles of equality. The judgment upheld the plan, emphasizing the importance of the resolution process and the need for consistency in treatment of creditors.

VISHAL CHELANI vs DEBASHIS NANDA · Niyam