REGENT COMPUTRONICS PVT. LTD.

ICICI BANK LIMITED Appellant

V/S

Era Infrastructure (India) Limited Respondents

Referred Judgements :-

SBI V. ATHENA ENERGY VENTURES (P) LTD. [REFERRED TO]
GHANSHYAM MISHRA & SONS (P) LTD. V. EDELWEISS ASSET RECONSTRUCTION CO. LTD. [REFERRED TO]
JAGANNATH GANESHRAM AGARWALA V. SHIVNARAYAN BHAGIRATH [REFERRED TO]
BANK OF BIHAR LIMITED VS. DAMODAR PRASAD [REFERRED TO]
STATE BANK OF INDIA VS. INDEXPORT REGISTERED [REFERRED TO]
ANDHRA PRADESH STATE FINANCIAL CORPORATION A P STATE FINANCIAL CORPORATION VS. GAR RE ROLLING MILLS:KOTA SUBBA REDDY [REFERRED TO]
TRANSCORE VS. UNION OF INDIA [REFERRED TO]
MS. EERA THROUGH DR. MANJULA KRIPPENDORF VS. STATE (GOVT. OF NCT OF DELHI) [REFERRED TO]
MOBILOX INNOVATIONS PRIVATE LIMITED VS. KIRUSA SOFTWARE PRIVATE LIMITED [REFERRED TO]
M/S. INNOVENTIVE INDUSTRIES LTD. VS. ICICI BANK & ANR. [REFERRED TO]
STATE BANK OF INDIA VS. V. RAMAKRISHNAN & ANR. [REFERRED TO]
TRANSMISSION CORPORATION ANDHRA PRADESH LIMITED VS. EQUIPMENT CONDUCTORS CABLES LIMITED [REFERRED TO]
DENA BANK (NOW BANK OF BARODA) VS. C. SHIVAKUMAR REDDY [REFERRED TO]
EBIX SINGAPORE PRIVATE LIMITED VS. COMMITTEE OF CREDITORS OF EDUCOMP SOLUTIONS LIMITED [REFERRED TO]
VIDARBHA INDUSTRIES POWER LIMITED VS. AXIS BANK LIMITED [REFERRED TO]
MAITREYA DOSHI VS. ANAND RATHI GLOBAL FINANCE LTD [REFERRED TO]
BRS VENTURES INVESTMENTS LTD VS. SREI INFRASTRUCTURE FINANCE LIMITED [REFERRED TO]

JUDGEMENT

(1.) I. INTRODUCTION : The Judge is not to innovate at pleasure. He is not a knight errant roaming at will in pursuit of his own ideal of beauty or of goodness [ Eera v. State (NCT of Delhi), (2017) 15 SCC 133 (Nariman, J. quoting Cardozo, Nature of Judicial Process, p. 141)].

(2.) The issue, at large, is, whether simultaneous proceedings for Corporate Insolvency Resolution Process [CIRP] under the Insolvency and Bankruptcy Code, 2016 [ IBC or Code, used interchangeably] against the principal debtor as well as its corporate guarantor, or vice-versa, are maintainable?

(3.) It would seem, as has been mentioned earlier, that the issue stands squarely covered by a decision of this Court in BRS Ventures Investments Ltd. v. SREI Infrastructure Finance Ltd. & Anr. (2025) 1 SCC 456. However, since elaborate arguments were advanced spanning over a couple of days, covering a wide array of arguments, we have considered the matter in some depth.

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ICICI BANK LIMITED Vs. ERA INFRASTRUCTURE (INDIA) LIMITED

Referred Judgements :-

JUDGEMENT

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