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Recent Landmark Judgments Of Supreme Court Under IBC: ELP Analysis


The Legal Library section collates quality and in-depth reports on regulatory developments, court rulings and policy changes authored by India’s top law firms and consultants. These reports offer BQ Prime’s subscribers an opportunity to expand their understanding of law and policy.

In this update, we analyse two landmark judgments delivered by the apex court on August 26, 2022 in the matter of CIRP/Liquidation of ABG Shipyard and Welspun Steel Resources Pvt Ltd.

Key points to note here are:

  • IBC Prevails over the Provisions of Custom Act

  • Customs cannot claim title over the goods and issue notice to sell the goods in terms of the Custom Act when the liquidation process has been initiated

  • The Appellate Authority cannot don the mantle of a supervisory authority for overseeing the validity of the approach of the liquidator in opting for a particular mode of sale of the assets of the corporate debtor

These landmark judgments bring much needed clarity on the issue of rights and powers of statutory bodies to confiscate/sell assets of corporate debtor undergoing corporate resolution or liquidation process under the provisions of the Insolvency and Bankruptcy Code, 2016.

The Judgments also empower liquidators and the stakeholders committee to take commercial decisions with regards to realisation of the liquidation estate of the corporate debtor within the framework of the code. This will pave the way for faster realisation of assets and conclusion of liquidation process.

Click on the attachment to read the full report:

DISCLAIMER

This alert does not constitute legal advice and is for information purpose only. This report is authored by an external party. BQ Prime does not vouch for the accuracy of its contents nor is responsible for them in any way. The views expressed in the report are that of the author entity and do not represent the views of BQ Prime.

Users have no license to copy, modify, or distribute the content without permission of the Original Owner.





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