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Supreme Court of India · 2024-02-12

GREATER NOIDA INDUSTRIAL DEVELOPMENT AUTHORITY vs PRABHJIT SINGH SONI

Citation / case number
SC 2023/3628
Court
Supreme Court of India
Petitioner
GREATER NOIDA INDUSTRIAL DEVELOPMENT AUTHORITY
Respondent
PRABHJIT SINGH SONI
Author
MANOJ MISRA
Bench
HON'BLE THE CHIEF JUSTICE, HON'BLE MR. JUSTICE J.B. PARDIWALA, HON'BLE MR. JUSTICE MANOJ MISRA

Judgment text excerpt

The Supreme Court upheld the decision of the National Company Law Appellate Tribunal, affirming the dismissal of the appellant's appeal against the National Company Law Tribunal's order under Section 60(5) of the Insolvency and Bankruptcy Code, 2016. The Court clarified that the appellant, a statutory authority, was correctly treated as an operational creditor rather than a financial creditor, as the claims arose from lease agreements rather than financial transactions. The Court emphasized the importance of proper classification of creditors in insolvency proceedings, thereby reinforcing the procedural integrity of the Corporate Insolvency Resolution Process.

GREATER NOIDA INDUSTRIAL DEVELOPMENT AUTHORITY vs PRABHJIT SINGH SONI · Niyam