| Content Provider | Supreme Court of India |
|---|---|
| e-ISSN | 30484839 |
| Language | English |
| Access Restriction | NDLI |
| Subject Keyword | 1973 – s. 482 Insolvency and Bankruptcy Code 2016: ss. 14 17 and 7 – Code of Criminal Procedure |
| Content Type | Text |
| Resource Type | Law Judgement |
| Jurisdiction | India |
| Case Type | Appeal |
| Court | Supreme Court of India |
| Disposal Nature | Appeal Allowed |
| Headnote | Insolvency and Bankruptcy Code, 2016: ss. 14, 17 and 7 – Code of Criminal Procedure, 1973 – s. 482 – Power of High Court u/s. 482, if can override statutory provisions of IBC – On facts, NCLT admitted application u/s. 7 IBC against one NPIL and subsequently appellant was appointed as Resolution Professional – Appellant alleging that the respondent-operational creditor, transferred Rs 32.50 lakhs from the Corporate Debtor’s bank account without the appellant’s sanction in violation of s. 14 – Appellant then filed an FIR against the respondent – Respondent filing petition u/s.482 before the High Court – Respondent also filed an application for allowing it to use its bank account over which lien had been created and the frozen accounts of its creditors – High Court lifted the lien created on the respondent’s bank account, and allowed the respondent to operate the bank account over which lien had been created and the accounts of its creditors frozen in connection with the FIR – On appeal, held: Power u/s. 482 may not be available to the court to countenance the breach of a statuary provision – Words ‘to secure the ends of justice’ in s. 482 cannot mean to overlook the undermining of a statutory dictate, provisions of ss. 14 and 17 of the IBC – High Court overlooked the salutary limits on its power u/s. 482 – Order of the High Court resulting in the respondent No. 1 being allowed to operate the account without making good the amount of Rs 32.50 lakhs to be placed in the account of the Corporate Debtor, cannot be sustained – Respondent No.1 is allowed to operate its account subject to first remitting Rs 32.50 lakhs into the account of the Corporate Debtor. |
| Judge | Hon'ble Mr. Justice K.M. Joseph |
| Neutral Citation | 2021 INSC 268 |
| Petitioner | Sandeep Khaitan, Resolution Professional For National Plywood Industries Ltd. |
| Respondent | Jsvm Plywood Industries Ltd. & Anr. |
| SCR | [2021] 4 S.C.R. 122 |
| Judgement Date | 2021-04-22 |
| Case Number | 447 |
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