VidhiSangh

Supreme Court of India · 09/08/2018

CHITRA SHARMA AND ORS. versus UNION OF INDIA AND ORS.

[2018] 12 S.C.R. 1044 · 2018 INSC 681

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Summary

Home buyers sought protection during Jaypee Infratech’s insolvency. Following the June 2018 amendment recognising allottees as financial creditors, the Supreme Court restarted the resolution period under Article 142 and required a fresh creditors’ committee including them. It rejected a court-supervised process outside the Code, excluded JIL/JAL and their promoters, and declined preferential interim refunds.

Issues

  1. How home buyers’ newly recognised financial-creditor status should be accommodated after expiry of the original resolution period.
  2. Whether the Court should permit promoter participation or supervise resolution outside the Code.
  3. Whether the deposited funds should be distributed immediately to home buyers seeking refunds.

Provisions considered

Held

Result

Proceedings disposed of with a renewed JIL resolution process, fresh CoC, statutory promoter exclusions, transfer of the deposited corpus to the NCLT and permission for RBI-directed JAL insolvency proceedings. Liberty reserved to pursue appropriate future proceedings.

Judgment PDF: Supreme Court of India, [2018] 12 S.C.R. 1044.