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january 2024

Supreme Court of India · 2024-01-03

Dbs Bank Limited Singapore vs Ruchi Soya Industries Limited

Court
Supreme Court of India
Petitioner
Dbs Bank Limited Singapore
Respondent
Ruchi Soya Industries Limited

Judgment text excerpt

The Supreme Court held that under the amended Section 30(2)(b)(ii) of the Insolvency and Bankruptcy Code, 2016, dissenting financial creditors are entitled to receive at least the minimum value of their security interest in the event of liquidation. The Court emphasized that the amendment ensures equitable treatment of creditors and mandates that dissenting creditors cannot be paid less than what they would receive in liquidation as per Section 53(1) of the Code. The appeal by DBS Bank Limited was dismissed, affirming the decision of the lower courts regarding the distribution of proceeds from the resolution plan.

Dbs Bank Limited Singapore vs Ruchi Soya Industries Limited · Niyam