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january 2024

Supreme Court of India · 2024-01-17

Ansal Crown Heights Flats Buyers ... vs Ansal Crown Infrabuild India Pvt. Ltd.

Court
Supreme Court of India
Petitioner
Ansal Crown Heights Flats Buyers ...
Respondent
Ansal Crown Infrabuild India Pvt. Ltd.
Author
Abhay S. Oka
Bench
Abhay S. Oka

Judgment text excerpt

The Supreme Court held that the execution of a decree against a company under moratorium as per Section 14 of the Insolvency and Bankruptcy Code, 2016 (IBC) is not permissible. However, the Court clarified that there is no prohibition on proceeding against the directors or officers of the company under the second proviso to sub-Section (1) of Section 32A of the IBC. The Court found that the National Commission's refusal to execute the order against the directors was erroneous, allowing the appellants to pursue their claims against them.

Ansal Crown Heights Flats Buyers ... vs Ansal Crown Infrabuild India Pvt. Ltd. · Niyam