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.