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january 2025

Supreme Court of India · 2025-01-03

Mohammed Enterprises (Tanzania) Ltd vs Farooq Ali Khan

Court
Supreme Court of India
Petitioner
Mohammed Enterprises (Tanzania) Ltd
Respondent
Farooq Ali Khan
Author
Pamidighantam Sri Narasimha
Bench
Pamidighantam Sri Narasimha

Judgment text excerpt

The Supreme Court examined the validity of the High Court's judicial review of the Corporate Insolvency Resolution Process (CIRP) under the Insolvency and Bankruptcy Code, 2016. The Court held that the High Court's interference with the resolution process was unwarranted, affirming the primacy of the insolvency resolution framework and the authority of the Committee of Creditors. The Court emphasized that judicial review is limited and cannot interfere with the substantive decisions of the resolution process unless there is a clear violation of principles of natural justice or statutory provisions.

Mohammed Enterprises (Tanzania) Ltd vs Farooq Ali Khan · Niyam