VidhiSangh

Supreme Court of India · 01/12/2021

COMMITTEE OF CREDITORS OF AMTEK AUTO LIMITED THROUGH CORPORATION BANK versus DINKAR T. VENKATSUBRAMANIAN AND OTHERS

[2021] 9 S.C.R. 740 · 2021 INSC 810

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Summary

The Court directed all parties and the Implementation and Monitoring Committee to complete Amtek Auto’s approved resolution plan within four weeks. Following earlier failed attempts to withdraw and prolonged litigation, the successful applicant had deposited Rs.500 crore in the corporate debtor’s account. Both sides had reciprocal obligations to perform. Further delay would defeat the Code’s time-bound resolution objective; the deposited amount was to reach the financial creditors in accordance with the plan or mutual agreement upon implementation.

Issues

  1. Whether further delay in implementing the approved resolution plan could be permitted after the successful applicant deposited the upfront amount.
  2. What directions were needed to complete reciprocal obligations and distribute the deposited funds.

Provisions considered

Held

Result

Appeal disposed of with directions to complete the approved plan within four weeks and transfer the deposited Rs.500 crore to the lenders or financial creditors in accordance with the stated terms; pending applications disposed of.

Judgment PDF: Supreme Court of India, [2021] 9 S.C.R. 740.