VidhiSangh

Supreme Court of India · 01/10/2021

M/S. JAI BALAJI INDUSTRIES versus D.K. MOHANTY & ANR.

[2021] 11 S.C.R. 350 · 2021 INSC 590

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Summary

The Court upheld rejection of operational-creditor insolvency applications founded on arbitral awards still subject to a genuine dispute. Although the award appeals had been dismissed for default, restoration applications were already pending with notice to the creditor before its demand notices; that was sufficient pre-existing dispute. The appeals were also restored on the actual date of filing the insolvency applications. Default dismissal created no vested right to invoke insolvency, which could not substitute for debt enforcement. The NCLAT’s closure of the proceedings was sustained.

Issues

  1. Whether pending applications to restore default-dismissed award appeals constituted a pre-existing dispute under the IBC.
  2. Whether later restoration or its relation back affected the creditor’s asserted entitlement to initiate insolvency.
  3. Whether the NCLT should have rejected the applications under Section 9(5)(ii)(d).

Provisions considered

Held

Result

Appeals dismissed; NCLAT’s setting aside of insolvency admission and closure of proceedings against the respondent company upheld. Pending applications disposed of.

Judgment PDF: Supreme Court of India, [2021] 11 S.C.R. 350.