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Supreme Court of India 2019-11-06 disposed

Jaiprakash Associates Ltd & Anr vs IDBI Bank Ltd. & Anr

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

Jaiprakash Associates Ltd challenged insolvency proceedings initiated by IDBI Bank against Jaypee Infratech Limited. The Supreme Court held that given the recent amendment to the Insolvency and Bankruptcy Code capping the CIRP period at 330 days, and crucially, with all parties (including the resolution applicant) unanimously agreeing that liquidation should be avoided in favour of a viable arrangement, the Court could invoke Article 142 to extend the process by 90 days from the order date. The Court rejected JAL's locus standi under Section 29A and disposed of the appeals.

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Insolvency and Bankruptcy Corporate Insolvency Resolution Process (CIRP) Article 142 Judicial Discretion IDBI Bank

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