The Supreme Court has ruled that lenders can start insolvency proceedings at the same time against both the main borrower and the corporate guarantor for the same loan under the IBC. The Court said there is no legal bar in the Code and each case must be examined independently on merits.
The Supreme Court recorded Aakash Educational Services Ltd’s undertaking to secure 25.7% stake held by Byju’s parent company till NCLAT decides the dispute. The top court also granted time to Think & Learn Pvt Ltd to subscribe to the second tranche of the Rs 240 crore rights issue.
The Supreme Court rules that a corporate debtor’s claim of a pre-existing dispute must be genuine and supported by evidence. Spurious or illusory defenses cannot block insolvency proceedings under Section 9 of the IBC.
The Supreme Court will review claims that AI-generated case laws were cited in pleadings, raising concerns about fabricated inputs. It cautioned that the appellant would be taken to task if the citations proved fictitious, echoing the opponent’s charge.
Ex-CJI D.Y. Chandrachud responded to Sanjeev Sanyal, asserting that the judiciary is not a roadblock to Viksit Bharat, while emphasizing, “Expeditious disposal of cases is the key to the preservation of the rule of law,” ensuring transparency and certainty.
The 26th September, Supreme Court upholds JSW’s efforts to turn Bhushan Power & Steel Limited (BPSL) into a profitable enterprise. The Court stated, “We have held that CCDs issued by SRA are to be treated as equity,” protecting investments.
Today, On 21st July, The ex-promoters of BSPL have approached the Supreme Court seeking a review of its verdict ordering the company’s liquidation. They urged the court to grant an open court hearing on their review petition challenging the decision.
The Karnataka High Court has directed the preservation of all emails and communications related to Byju’s insolvency case, stating, “Preserve all emails.” The interim order came in response to a petition by Byju Raveendran, aiming to secure crucial digital evidence amid ongoing proceedings under the Insolvency and Bankruptcy Code (IBC).
The Supreme Court ruled that resolution plans under the Insolvency and Bankruptcy Code (IBC) involving mergers or acquisitions must get Competition Commission of India (CCI) approval before the Committee of Creditors (CoC) stage. However, Justice SVN Bhatti dissented, stating that CCI clearance could be obtained after CoC approval. This decision ensures regulatory compliance and prevents anti-competitive practices early in the insolvency process.
Justice J.B. Pardiwala, born on August 12, 1965, became a Supreme Court Judge on May 9, 2022, after a distinguished legal career starting in 1989. He has authored 82 judgements, notably upholding EWS reservations and allowing states to tax mines. His tenure lasts until August 11, 2030.
