Elegna Co-Op Housing And Commercial ... vs Edelweiss Asset Reconstruction ...

insc-2026-58 Supreme Court of India 15 January 2026 • CIVIL APPEAL NO. 10261 of 2025; CIVIL APPEAL NO. 10012 OF 2025 • 60 min read
33 cases cited (0 SG, 33 foreign) Cited by 1 case

Practice Areas

Code of Civil Procedure, 1908 Companies Act, 2013 Constitution of India IB Code Insolvency and Bankruptcy Code, 2016 Notwithstanding anything to the contrary contained under the Companies Act, 2013 Real Estate (Regulation and Development) Act, 2016 Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002

Judges (2)

J.B. Pardiwala Coram R. Mahadevan Delivered

Parties (2)

Edelweiss Asset Reconstruction Company Ltd. Respondent Elegna Co-Op Housing And Commercial Premises Ltd. Appellant

Case Significance

Elegna Co-Op Housing And Commercial ... vs Edelweiss Asset Reconstruction ... is a Supreme Court of India decision dated January 15, 2026 (citation: insc-2026-58). Civil appeals concerning insolvency proceedings under the IBC involving a cooperative housing society and an asset reconstruction company. The Supreme Court issued prospective directions requiring the Committee of Creditors to record cogent reasons for decisions regarding handover of possession and recommendations for liquidation. The bench comprised Justices J.B. Pardiwala and R. Mahadevan. The judgment was delivered by Justice R. Mahadevan.

This case has been cited by 1 subsequent judgment. The judgment references 33 case citations.

Summary

Civil appeals concerning insolvency proceedings under the IBC involving a cooperative housing society and an asset reconstruction company. The Supreme Court issued prospective directions requiring the Committee of Creditors to record cogent reasons for decisions regarding handover of possession and recommendations for liquidation.

What was the outcome of Elegna Co-Op Housing And Commercial ... vs Edelweiss Asset Reconstruction ...?

Civil appeals concerning insolvency proceedings under the IBC involving a cooperative housing society and an asset reconstruction company. The Supreme Court issued prospective directions requiring the...

Statutes Cited

Code of Civil Procedure, 1908
Companies Act, 2013
Constitution of India
Art 14 Art 142 Art 21
IB Code
s 7
Insolvency and Bankruptcy Code, 2016
s 7
Notwithstanding anything to the contrary contained under the Companies Act, 2013
Real Estate (Regulation and Development) Act, 2016
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002
s 13(2)

Cases Cited (33)

IN (33)
(1968) 2 SCR 186 (1969) 2 SCC 262 (2008) 1 SCC (Civ) 116 (2008) 1 SCC 125 (2011) 2 SCC (Civ) 781 (2011) 5 SCC 532 (2018) 1 SCC (Civ) 356 (2018) 1 SCC 353 (2018) 1 SCC 407 (2018) 18 SCC 575 (2019) 12 SCC 150 (2019) 4 SCC 17 (2019) 8 SCC 416 (2020) 8 SCC 531 (2020) 9 SCC 729 (2021) 3 SCC 136 (2021) 3 SCC 475 (2021) 6 SCC 436 (2022) 1 SCC (Civ) 586 (2022) 2 SCC 401 (2022) 3 SCC 161 (2022) 4 SCC (Civ) 548 (2022) 8 SCC 352 (2022) 9 SCC 186 (2024) 1 SCC 24 (2025) 3 SCC 625 (2025) 5 SCC 209 1966 SCC OnLine SC 215 2023 SCC OnLine SC 1706 2023 SCC OnLine SC 458 2023 SCC OnLine SC 608 2025 INSC 1110 2026 INSC 58

Cited By (1)

insc-2026-58
Elegna Co-Op Housing And Commercial ... vs Edelweiss Asset Reconstruction ...

Judgment

Read the full judgment on the official India Courts portal.

Read on Indian Kanoon

Source: Indian Kanoon (insc-2026-58)