VidhiSangh

Supreme Court of India · 29/01/2019

SWARAJ INFRASTRUCTURE PVT. LTD. versus KOTAK MAHINDRA BANK LTD.

[2019] 1 S.C.R. 682 · 2019 INSC 108

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Summary

A secured creditor could maintain a Companies Act winding-up petition despite obtaining DRT adjudication and a recovery certificate. Debt recovery and winding up could proceed in parallel because the latter was not a debt-recovery proceeding within the RDB Act’s jurisdictional bar. Relinquishment of security was not required at petition presentation; the relevant election concerned proof of debt after a winding-up order. Admission of the petitions was upheld.

Issues

  1. Whether DRT adjudication barred a secured creditor’s winding-up petition.
  2. Whether the creditor had to relinquish security before presenting that petition.
  3. Whether Section 434(1)(b) excluded reliance on the statutory-demand route in Section 434(1)(a).

Provisions considered

Held

Result

Appeals dismissed; admission of the winding-up petitions left undisturbed. No order as to costs.

Judgment PDF: Supreme Court of India, [2019] 1 S.C.R. 682.