- Case
- M/S JSW STEEL LIMITED v. PRATISHTHA THAKUR HARITWAL (Supreme Court of India, 27-03-2025)
- Law
- Constitution of India, Contempt of Courts Act, Insolvency and Bankruptcy Code, Central Sales Tax Act.
Constitution of India, 1949: The judgment refers to Article 129 read with Article 142 of the Constitution of India, under which the Contempt Petition was filed. The petition alleges willful disobedience of a judgment.
Contempt of Courts Act, 1971: The judgment mentions Section 2(b) of the Contempt of Courts Act, 1971, which defines "civil contempt". The Contempt Petition alleges willful disobedience of a judgment, potentially falling under this definition.
Insolvency and Bankruptcy Code, 2016: The judgment extensively discusses the IBC, particularly concerning the approval of a resolution plan and its binding effect on creditors.
Section 31(1) is discussed in detail. The court notes that once a Resolution Plan is duly approved by the Adjudicating Authority under this sub-section, all claims not included in the Resolution Plan are deemed to be frozen and binding on all stakeholders, including Central, State, and local authorities.
Section 31 is further discussed in the context of a 2019 amendment, which the Court clarifies as being clarificatory and declaratory in nature, effective from the date the I&B Code came into effect.
Section 30(2) is mentioned in the context of the Adjudicating Authority's duty to examine if the Resolution Plan meets the requirements of this section before approval.
Section 238 is referenced, noting that the Code will override anything inconsistent contained in any other enactment, including the Income-Tax Act.
Chhattisgarh Land Revenue Code, 1959: Section 146 of the Chhattisgarh Land Revenue Code, 1959 is mentioned. Demand notices were issued under this section, which the Petitioner Company contested as being in violation of the approved Resolution Plan.
Central Sales Tax Act: The judgment mentions that demand notices were issued under the relevant provisions of the Central Sales Tax Act, 1956.
Chhattisgarh Value Added Tax Act, 2005: The judgment mentions that demand notices were issued under the relevant provisions of the Chhattisgarh Value Added Tax Act, 2005.
Entry Tax Act, 1976: The judgment mentions that demand notices were issued under the relevant provisions of the Entry Tax Act, 1976.
