This is a review petition filed against the judgment in Civil Appeal No. 4633 of 2021. The review was sought because it was argued that the court had overlooked the judgment in E.S. Krishnamurthy & Ors. vs. Bharath Hi-Tech Builders Pvt. Ltd., which addressed the adjudicating authority's power to compel settlement in insolvency proceedings under Section 7 of the IBC.
Axis Bank Limited filed a Civil Appeal No. 4633 of 2021 against Vidarbha Industries Power Limited. A review petition (Civil) No. 1043 of 2022 was filed against the judgment in the civil appeal. The review petition was filed because the petitioner claimed that the court had overlooked the judgment in E.S. Krishnamurthy & Ors. vs. Bharath Hi-Tech Builders Pvt. Ltd., which discussed the adjudicating authority's power under Section 7 of the IBC. The Solicitor General of India submitted that certain observations made by the court in the judgment under review could be interpreted in a manner contrary to the aims and objects of the IBC. The court considered these submissions and the relevant paragraphs from the Krishnamurthy case.
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The matters wer…
Final judgment and…
This is a review petition filed against the judgment in Civil Appeal No. 4633 of 2021. The review was sought because it was argued that the court had overlooked the judgment in E.S. Krishnamurthy & Ors. vs. Bharath Hi-Tech Builders Pvt. Ltd., which addressed the adjudicating authority's power to compel settlement in insolvency proceedings under Section 7 of the IBC.
Axis Bank Limited filed a Civil Appeal No. 4633 of 2021 against Vidarbha Industries Power Limited. A review petition (Civil) No. 1043 of 2022 was filed against the judgment in the civil appeal. The review petition was filed because the petitioner claimed that the court had overlooked the judgment in E.S. Krishnamurthy & Ors. vs. Bharath Hi-Tech Builders Pvt. Ltd., which discussed the adjudicating authority's power under Section 7 of the IBC. The Solicitor General of India submitted that certain observations made by the court in the judgment under review could be interpreted in a manner contrary to the aims and objects of the IBC. The court considered these submissions and the relevant paragraphs from the Krishnamurthy case.
The matters wer…
Final judgment and…