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Supreme Court of India 2023-05-11 partly_allowed

COMPANY LIMITED vs RAM KISHORE ARORA & ORS

Bench: 2 — Dinesh Maheshwari, Sanjay Kumar

In Brief

A real estate company (Supertech Ltd.) faced insolvency proceedings following default on Rs. 431.93 crore borrowed from Union Bank of India. The Appellate Tribunal adopted a 'project-wise resolution' approach, limiting the Committee of Creditors to only one project (Eco Village-II) while allowing other projects to continue under interim resolution professional supervision with ex-management assistance. The Supreme Court, applying interim relief principles, held that displacing this arrangement to constitute a single CoC for the entire company would cause irreparable injury to home buyers through project uncertainty. The Court allowed the interim order to operate but directed that for Eco Village-II, no process beyond resolution plan voting may proceed without further Court orders.

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Insolvency and Bankruptcy Corporate Insolvency Resolution Process Interim Relief Real Estate Project-Wise Resolution

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