VidhiSangh

Supreme Court of India · 14/12/2021

E S KRISHNAMURTHY & ORS. versus M/S BHARATH HI TECH BUILDERS PVT. LTD.

[2021] 12 S.C.R. 28 · 2021 INSC 884

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Summary

The Court held that the NCLT could not dispose of a Section 7 insolvency application by directing settlement of unresolved claims instead of deciding admission or rejection under the Code. Settlement with some creditors did not justify that course where others remained unpaid and opposed it. The tribunals could encourage consensual settlement but lacked an independent equitable power to compel it. The NCLT and NCLAT orders were set aside and the application restored for fresh decision, leaving other maintainability questions, including the amended creditor threshold, open.

Issues

  1. Whether the NCLT could dispose of a Section 7 application at a purported pre-admission stage by directing settlement rather than deciding it under the Code.
  2. What issues remained for decision after restoration of the application.

Provisions considered

Held

Result

Appeal allowed; NCLT and NCLAT orders set aside and Section 7 application restored for fresh disposal, with other maintainability and merits issues left open.

Judgment PDF: Supreme Court of India, [2021] 12 S.C.R. 28.