The year ended on a high note, with several noteworthy judgments
being delivered by the Supreme Court, NCLATs and NCLTs across India
in matters involving the Insolvency and Bankruptcy, Code 2016. We
cover a few such decisions rendered in the year 2021 that discuss
and set out the legal position concerning the interpretation and
applicability of provisions of the Insolvency and Bankruptcy Code,
2016.
- Manish Kumar v. Union of India (UoI) and
Ors.
Supreme Court of India
Citation: 2021 SCC OnLine SC 30
Decided on: 19.01.2021
The minimum threshold prescribed in the Insolvency
and Bankruptcy Code (Amendment) Act, 2020 for allottees wishing to
file an insolvency petition against builders and real estate
companies, is constitutionally valid and in line with the spirit of
the Insolvency and Bankruptcy Code, 2016.