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july 2024

Supreme Court of India · 2024-07-23

Brs Ventures Investments Ltd vs Srei Infrastructure Finance Limited

Citation / case number
2024 INSC 548
Court
Supreme Court of India
Petitioner
Brs Ventures Investments Ltd
Respondent
Srei Infrastructure Finance Limited
Author
Abhay S. Oka
Bench
Pankaj Mithal, Abhay S. Oka

Judgment text excerpt

The Supreme Court upheld the NCLAT's dismissal of appeals against the admission of an application under Section 7 of the Insolvency and Bankruptcy Code, 2016 (IBC) by the financial creditor for the corporate debtor's insolvency. The Court affirmed that the financial creditor's claim of Rs.1428 crores was valid despite previous settlements, emphasizing the importance of the corporate guarantee and the resolution process. The judgment clarified that the resolution plan approved by the Committee of Creditors does not negate the financial creditor's rights under the IBC.

Brs Ventures Investments Ltd vs Srei Infrastructure Finance Limited · Niyam