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september 2025

Supreme Court of India · 2025-09-09

Amit Nehra vs Pawan Kumar Garg

Court
Supreme Court of India
Petitioner
Amit Nehra
Respondent
Pawan Kumar Garg

Judgment text excerpt

The Supreme Court examined the scope of the Insolvency and Bankruptcy Code, 2016 (IBC) concerning claims for possession of residential apartments. The NCLAT and NCLT had rejected the appellants' claims, affirming the corporate debtor’s insolvency proceedings. The Court analyzed whether the insolvency process could override individual property rights in real estate disputes. Ultimately, the Court upheld the decisions of the NCLAT and NCLT, emphasizing the primacy of insolvency proceedings over individual claims in such contexts.

Amit Nehra vs Pawan Kumar Garg · Niyam