Prudeta
2026 INSC 268
๐ Paras 2-3
The appellant, a corporate debtor, challenged a High Court order that set aside a Single Judge's decision. The dispute originated from an e-tender by the respondent for solar power plants, leading to a Letter of Award to the appellant. Subsequently, the appellant was admitted into Corporate Insolvency Resolution Process (CIRP). Disputes arose regarding contract performance, leading the appellant to invoke arbitration. The respondent filed a counterclaim, which was not pursued before the Resolution Professional but was raised in arbitration. The appellant argued that the counterclaim was extinguished upon the approval of the resolution plan, as it was not part of the plan.
๐ Para 8
Whether the respondent ought to be allowe
The bench further analyzed the constitutional validity of the impugned provisions and discussed the interpretation of Articles 14 and 21 in light of recent precedents...
Citing the ratio in prior decisions, the court held that the legislative intent was to ensure...
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