Landmark Supreme Court of India rulings, explained in clear, plain language.
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Can a lender with pervasive contractual control over a corporate debtor be excluded from its Committee of Creditors as a related party?
ECL Finance Ltd. and Anr. vs Abhinaw Mukherjee and Ors.
The Supreme Court dismissed the appeals of ECL Finance Ltd. and IDBI Trusteeship Services Ltd., upholding their exclusion from the Committee of Creditors as related parties under Section 5(24)(m)(i) read with Section 21(2) of the Insolvency and Bankruptcy Code, 2016.
What evidence is needed to prove debt default for insolvency admission under IBC?
Deepak Raheja and Another vs Omkara Assets Reconstruction Private Ltd. and Another
The Supreme Court dismissed appeals against CIRP admission, holding that default under Section 7 IBC requires only a prima facie summary showing, not a full reconciliation of accounts, and that Information Utility records carry presumptive evidentiary weight.
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