VidhiSangh

Supreme Court of India · 18/11/2019

MR. ANAND RAO KORADA RESOLUTION PROFESSIONAL versus M/S. VARSHA FABRICS (P) LTD. & ORS.

[2019] 14 S.C.R. 695 · 2019 INSC 1259

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Summary

After insolvency proceedings commenced and a moratorium was declared, the High Court continued steps to auction the corporate debtor’s land for workmen’s dues. The Supreme Court set aside those interim orders because disposal of the debtor’s assets had to proceed under the Insolvency and Bankruptcy Code. Workers could submit their claims through the insolvency process, and the auction participant and other parties retained lawful remedies without adjudication of their objections.

Issues

  1. Whether auction proceedings to satisfy workmen’s dues could continue after commencement of insolvency and declaration of moratorium.
  2. What remedies remained available to workers and the auction participant.

Provisions considered

Held

Result

Appeals allowed. The High Court’s interim orders of 14 August and 5 September 2019 were set aside. Asset disposal was to proceed under the Code; the workers’ union could lodge its dues claim and parties could pursue available lawful remedies.

Judgment PDF: Supreme Court of India, [2019] 14 S.C.R. 695.