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january 2024

Supreme Court of India · 2024-01-17

ANSAL CROWN HEIGHTS FLATS BUYERS ASSOCIATION (REGD.) vs ANSAL CROWN INFRABUILD INDIA PVT. LTD.

Citation / case number
SC 2023/24421
Court
Supreme Court of India
Petitioner
ANSAL CROWN HEIGHTS FLATS BUYERS ASSOCIATION (REGD.)
Respondent
ANSAL CROWN INFRABUILD INDIA PVT. LTD.
Author
ABHAY S. OKA
Bench
HON'BLE MR. JUSTICE UJJAL BHUYAN HON'BLE MR. JUSTICE ABHAY S. OKA

Judgment text excerpt

The Supreme Court ruled 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. The Court clarified that while the moratorium applies to the company, it does not extend to individual directors or officers, allowing for potential execution against them under Section 32A of the IBC. The Court held that the National Commission's decision to not proceed against the individuals was erroneous, thus allowing the appeal for execution against the directors/officers.

ANSAL CROWN HEIGHTS FLATS BUYERS ASSOCIATION (REGD.) vs ANSAL CROWN INFRABUILD INDIA PVT. LTD. · Niyam