2025 (9) TMI 1852

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....NICAL) For the Appellant : Mr. Rajesh Kumar Gautam, Ms. Likivi K. Jakitalu, Mr. Deepanjal Choudhary and Ms. Azal Aekram, Advocates. For the Respondents : Mr. Ankur Mittal and Ms. Muskan Jain, Advocates for R-2. ORDER (Hybrid Mode) Heard counsel for the appellant. 2. This appeal has been filed against an order dated 22.04.2025 passed by the adjudicating authority (NCLT, New Delhi,....

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....pp. (AT) (Ins.) No. 321/2024 in 'State Bank of India' Vs. 'IDBI Bank Ltd.', where this Tribunal has taken the same view. Learned counsel for the appellant has referred to paragraphs 13 to 15 which are as follows: "13. Insofar as submissions of the Counsel for the Appellant that correctness of the Judgment of Hon'ble Supreme Court in 'Amit Metaliks Limited' (Supra) has already been referre....

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.... the Appellant in the present case. It is relevant to notice that Hon'ble Supreme Court in 'DBS Bank Ltd. Singapore v. Ruchi Soya Industries Ltd.' 2024 SCC OnLine SC 3, made a reference to the earlier Judgment of the Hon'ble Supreme Court in 'India Resurgence ARC Pvt. Ltd.' (Supra), which reference is pending consideration before the Hon'ble Supreme Court. Law declared by Hon'ble S....

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....ty within a group which herein consists of all such secured creditors who have relinquished their security interest in line with Section52. Since there is no quarrel on the issue of relinquishment, therefore the significance of the word "among" relates to the inter-se relationship between all such secured creditors and these have to be then given an equitable treatment which shall mean in proporti....