Supreme Court Clarifies Rights of Secured Creditors in Insolvency: Vistra ITCL vs. Dinkar Venkatasubramanian (2023) LEGAL ISSUE: What are the rights of a secured creditor holding pledged shares in the context of the Insolvency and Bankruptcy Code, 2016 (IBC)? CASE TYPE: Insolvency Law Case Name: M/S VISTRA ITCL (INDIA) LTD & ORS. vs. MR. DINKAR […]
Supreme Court Clarifies Rights of Secured Creditors with Pledged Shares in Insolvency Cases LEGAL ISSUE: Whether a secured creditor holding pledged shares of a corporate debtor can be considered a financial creditor or operational creditor under the Insolvency and Bankruptcy Code, 2016 (IBC), and how their interests should be protected in a resolution plan. CASE
Supreme Court Clarifies Pledge Law and Depositories Act: PTC India Financial Services Ltd. vs. Venkateswarlu Kari (2022) Date of the Judgment: 12 May 2022 Citation: (2022) INSC 479 Judges: M.R. Shah, J., Sanjiv Khanna, J. Can a pawnee (lender) automatically become the owner of pledged shares by simply recording themselves as the beneficial owner in
