VidhiSangh

Supreme Court of India · 23/02/2021

COMMITTEE OF CREDITORS OF AMTEK AUTO LIMITED THROUGH CORPORATION BANK versus DINKAR T VENKATASUBRAMANIAN & ORS.

[2021] 3 S.C.R. 1015 · 2021 INSC 112

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Summary

The Supreme Court rejected Deccan Value Investors’ attempt to rectify an order refusing withdrawal-related relief concerning its Amtek Auto resolution plan. Its request had substantively sought renegotiation after creditor approval, and earlier extensions had benefited it. Although its conduct lacked bona fides, the Court declined contempt proceedings: an untenable plea and plan default did not alone justify penal contempt. DVI could not pursue the COVID-19 force-majeure plea in its pending appeal, but its separate contention about unfulfilled conditions precedent remained for the NCLAT.

Issues

  1. Whether the earlier order rested on factual errors warranting rectification.
  2. Whether DVI’s subsequent conduct justified contempt and what issues remained open in its statutory appeal.

Provisions considered

Held

Result

Rectification application and contempt petition dismissed, subject to the restriction on the force-majeure plea. NCLAT to decide the pending appeal within one month; conditions-precedent issue left open.

Judgment PDF: Supreme Court of India, [2021] 3 S.C.R. 1015.