China Development Bank vs Doha Bank Q.P.S.C

insc-2024-1029 Supreme Court of India 20 December 2024 • CIVIL APPEAL NO. 7298 OF 2022; Civil Appeal No.7407 of 2022; Civil Appeal No.7615 of 2022; Civil Appeal No.7328 of 2022; Civil Appeal No.7434 of 2023 • 43 min read

Judges (2)

Parties (3)

Case Significance

China Development Bank vs Doha Bank Q.P.S.C is a Supreme Court of India decision dated December 20, 2024 (citation: insc-2024-1029). The Supreme Court allowed the appeals challenging the NCLAT's classification of lenders in the insolvency proceedings of Reliance Infratel Limited (RITL) under the IBC. The key issue was whether the appellants, including China Development Bank, could be classified as 'Financial Creditors' under Section 5(7) of the IBC. The Court quashed the NCLAT's order and restored the NCLT's order recognizing the appellants as financial creditors, holding that any reclassification would amount to impermiss The bench comprised Justices Abhay S. Oka and Pankaj Mithal. The judgment was delivered by Justice Abhay S. Oka.

Summary

The Supreme Court allowed the appeals challenging the NCLAT's classification of lenders in the insolvency proceedings of Reliance Infratel Limited (RITL) under the IBC. The key issue was whether the appellants, including China Development Bank, could be classified as 'Financial Creditors' under Section 5(7) of the IBC. The Court quashed the NCLAT's order and restored the NCLT's order recognizing the appellants as financial creditors, holding that any reclassification would amount to impermissible modification of the approved resolution plan.

What was the outcome of China Development Bank vs Doha Bank Q.P.S.C?

The Supreme Court allowed the appeals challenging the NCLAT's classification of lenders in the insolvency proceedings of Reliance Infratel Limited (RITL) under the IBC. The key issue was whether the a...

Judgment

Read the full judgment on the official India Courts portal.

Read on Indian Kanoon

Source: Indian Kanoon (insc-2024-1029)