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As per case facts, Omkara Assets Reconstruction Private Limited sought to initiate Corporate Insolvency Resolution Proceedings (CIRP) against a Corporate Debtor for debt recovery. The Debtor resisted, citing a Scheme
...of Arrangement (SOA) under the Companies Act, which the Appellate Authority deemed a reason to keep CIRP in abeyance. This prompted the appeal to the Supreme Court. The question arose whether the highly delayed and procedurally non-compliant SOA should stall the CIRP, especially given the Insolvency and Bankruptcy Code's (IBC) overriding effect. Finally, the Supreme Court found the SOA defunct due to non-compliance with statutory timelines. It ruled that the IBC's provisions prevail, prioritizing corporate revival, and thus, there was no reason to stall CIRP. The Appellate Tribunal's order was set aside, restoring the Adjudicating Authority's initiation of CIRP.
Bench
Applied Acts & Sections
SECTION 2
–The Prohibition of Benami Property Transactions Act, 1988
SECTION 3
–The Prohibition of Benami Property Transactions Act, 1988
SECTION 4
–The Prohibition of Benami Property Transactions Act, 1988
SECTION 5
–The Prohibition of Benami Property Transactions Act, 1988
SECTION 24
–The Prohibition of Benami Property Transactions Act, 1988
SECTION 26
–The Prohibition of Benami Property Transactions Act, 1988
SECTION 27
–The Prohibition of Benami Property Transactions Act, 1988
SECTION 29
–The Prohibition of Benami Property Transactions Act, 1988
SECTION 45
–The Prohibition of Benami Property Transactions Act, 1988
SECTION 46
–The Prohibition of Benami Property Transactions Act, 1988
SECTION 49
–The Prohibition of Benami Property Transactions Act, 1988
SECTION 50
–The Prohibition of Benami Property Transactions Act, 1988
SECTION 53
–The Prohibition of Benami Property Transactions Act, 1988
SECTION 60
–The Prohibition of Benami Property Transactions Act, 1988
SECTION 67
–The Prohibition of Benami Property Transactions Act, 1988
Section 14
–The Insolvency and Bankruptcy Code, 2016
Section 18
–The Insolvency and Bankruptcy Code, 2016
Section 20
–The Insolvency and Bankruptcy Code, 2016
Section 25
–The Insolvency and Bankruptcy Code, 2016
Section 32A
–The Insolvency and Bankruptcy Code, 2016
Section 36
–The Insolvency and Bankruptcy Code, 2016
Section 53
–The Insolvency and Bankruptcy Code, 2016
Section 60
–The Insolvency and Bankruptcy Code, 2016
Section 61
–The Insolvency and Bankruptcy Code, 2016
Section 62
–The Insolvency and Bankruptcy Code, 2016
Section 238
–The Insolvency and Bankruptcy Code, 2016
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