SC upholds insolvency code, setback for operational creditors


New Delhi, Jan 25 (IANS): The Supreme Court on Friday upheld the Insolvency and Bankruptcy Code 2016 (IBC) in its entirety and constitutional validity, causing a setback to operational creditors who include Suppliers, customers and contractors.

A bench headed by Justice Rohinton F. Nariman refused the pleas to give operational creditors' parity with financial creditors while deciding a batch of petitions challenging the IBC.

The operational creditors wanted to be treated at par with secured creditors like banks and financial institution who have first claim over the money coming through the proceedings under the insolvency law.

The verdict upheld the Section 29A of the Code that bars promoters of a company facing insolvency proceedings from bidding to regain its control.

  

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Comment on this article

  • Valerian D'Souza, Udupi / Mumbai

    Fri, Jan 25 2019

    It's necessary to understand the impact Insolvency and Bankruptcy Code 2016 (IBC), this SC verdict
    On depositors (customers) who deposit their life time savings in the bank; in the case of bank is making losses and have filed application for liquidation.
    Many banks are already incurring huge losses.

    Reply Report Abuse

  • deepak, Mangalore

    Fri, Jan 25 2019

    Regarding the depositors, government has clearly said that they wont be affected.
    One more thing to note is, no Government bank has ever been closed down till now .
    They have been merged etc .
    Never been closed down.

    Reply Report Abuse

  • mahesh, mangalore

    Fri, Jan 25 2019

    Insolvency and Bankruptcy Code 2016 is one of the best things that have happened to the banking industries.

    Reply Report Abuse

  • Jossey Saldanha, Mumbai

    Fri, Jan 25 2019

    How did a Bankrupt Anil Ambani bag the Raphael Deal ...

    Reply Report Abuse


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Title: SC upholds insolvency code, setback for operational creditors



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