oppn parties Supreme Court Dismisses Challenges To IBC Provisions

News Snippets

  • Allahabad HC said that the UP Police is acting as law unto themselves as they detained a person unlawfully even before his arrest
  • Kolkata witnesses traffic snarls on the first day of the Durga Puja festival as revellers start pnadal-hopping
  • Neha Bora was subsequently released and Dipke is to appear before a magistrate today at noon
  • Delhi Police detained Cockroach Janta Party founder Abhijeet Dipke, Neha Bora of AISA, student leaders and supporters ahead of a rally in Connaught Place demanding Chief Election Commissioner Gyanesh Kumar's resignation. The protest followed the detention and jailing of two CJP leaders earlier in the week over demonstrations at Jantar Mantar
  • The Reserve Bank of India is considering further monetary tightening to counter capital outflows and increase the cost of betting against the rupee, according to bankers and analysts cited by Reuters. The measures follow recent rate increases and steps to drain liquidity as pressure on the currency and inflation concerns persist
  • India directed oil marketing companies to stop diverting sugar-based feedstocks for ethanol production in the 2026–27 supply year, according to a new tender issued on Friday. The companies have invited bids for 11 billion litres of ethanol made from alternatives including corn and broken rice, amid concerns about domestic sugar supplies and prices
  • Finance Minister Nirmala Sitharaman said India's trade imbalance with China was growing sharply and attributed the problem partly to restrictions on Indian goods and services entering the Chinese market. China subsequently said it was ready to work with India to address mutual economic and trade concerns; India's trade deficit with China reached $69 billion in the first half of FY2026–27, up 27% year-on-year
  • Indian equity benchmarks extended their recovery on Friday, with the Sensex rising 413.66 points to close at 74,729.27 and the Nifty 50 gaining 148.80 points to settle at 23,146.15. Information technology shares, including Tech Mahindra, Infosys and TCS, helped lift the indices
  • India defeated Zimbabwe by four wickets in the opening women's T20 International in Raipur, taking a 1–0 lead in the three-match series. Deepti Sharma and Niki Prasad combined in an 82-run stand after India's top order collapsed, helping the hosts chase down Zimbabwe's total of 114 for five
  • Indian wrestler Komal won bronze in the women's 59 kg category at the Under-23 World Wrestling Championships in Las Vegas, defeating Kazakhstan's Viktoriia Khusainova 7–2. Fellow Indian Amruta Pujari advanced to the women's 72 kg final after recording two pinfall victories
  • Indian shuttler Jagsher Singh Khangurra secured a bronze medal at the BWF World Junior Badminton Championships in Cairo
  • The Supreme Court of India upheld the Bombay High Court's decision quashing the 2020 write-off of ₹8,415 crore in additional tier-1 bonds issued by Yes Bank (Yes Bank). The court ruled that the bank's administrator lacked the authority to extinguish the bonds under the final reconstruction scheme, strengthening bondholders' claims
  • The Supreme Court issued notices to the Election Commission of India, Delhi Police and opposition leaders, including Rahul Gandhi and Akhilesh Yadav, in separate petitions concerning electoral-roll revision and protests held in Delhi on October 10–12. The court also directed the preservation of CCTV footage linked to allegations of police excesses
  • The Supreme Court ruled that a person converting from Hinduism to Islam cannot automatically claim backward-class reservation benefits in the new religious community solely on the basis of their previous caste status. The judgment upheld the Madras High Court's decision striking down a 2024 Tamil Nadu government order that permitted such certification for specified communities
  • The Election Commission of India ordered a Special Summary Revision of electoral rolls in 14 states and three Union Territories, using January 1, 2027, as the qualifying date for voter eligibility. The draft rolls are scheduled for publication on November 12, claims and objections will be accepted until December 11, and the final rolls are due on January 4, 2027
Delhi HC refuses to ban CJP's Tiranga rally at Central Park in Connaught Place today /////// Police says will control and regulate it /////// NDMC closes the park for the public on Friday and Saturday
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Supreme Court Dismisses Challenges To IBC Provisions

By Sunil Garodia
First publised on 2021-01-21 01:47:26

About the Author

Sunil Garodia Editor-in-Chief of indiacommentary.com. Current Affairs analyst and political commentator. Author of Cyber Scams in India, Digital Arrest, The Money Trap and The Human Hack

The Supreme Court upheld the validity of amendments to sections 3, 4, 10 and section 32A of the Insolvency and Bankruptcy Code (IBC) and dismissed all petitions challenging the sections.

In the first case, a batch of petitions came up for hearing where the minimum requirement of either 100 or 10 percent of total homebuyers to initiate bankruptcy proceedings against a builder was taken up. Earlier, even a single aggrieved homebuyer could initiate such proceedings. But the same was amended to specify the minimum requirement of 10 percent or 100 homebuyers.

The rule was amended to prevent a single or few homebuyers who could be aggrieved due to misunderstandings or any other minor reason to start proceedings under the IBC and adversely affect the interests of other homebuyers. It is a valid reason that if a good enough number is not aggrieved, the interest of the majority needs to be protected. While upholding the validity of the amendments, the court said "it is, as if, the legislature intended to apply its brakes in the form of asking the applicants to obtain the consensus of a minimum number of similar stakeholders, before the applications could be further processed". This will go a long way in preventing applications arising out of grudge or misunderstanding.

The apex court also upheld the constitutional validity of section 32A of the IBC. Under this section, if a corporate debtor committed an offence prior to the commencement of the corporate insolvency resolution process, its liability would cease and it would not be prosecuted for such an offence from the date the resolution plan is approved by the Adjudicating Authority under Section 31 of the IBC. Many would think that this provision would grant immunity to a corporate debtor for committing an offence, but the court was clear in its view that if it helped the interests of all stakeholders, then there was nothing wrong in granting this immunity.

The court said that "the wisdom of the legislation is not open to judicial review". It also said that "having regard to the object of the Code (and) the interests of all stakeholders including the imperative need to attract resolution applicants who would not shy away from offering reasonable value" is the main concern. It recognized that the legislature had its reasons for inserting the section. It said that "the provision is well thought out. It is not as if the wrongdoers are allowed to get away".