Pranav Ansal vs Il&Fs Financial Services Limited on 7 January, 2026
In the reply, which was filed by the CD before the Adjudicating
Authority, the CD placed reliance on judgment of the Hon'ble Supreme
Court in Vidarbha Industries Power Ltd. vs. Axis Bank Ltd. - (2022) 8
SCC 352, in which case the Hon'ble Supreme Court was of the view that
in the facts of the said case, where CD was possessed with decree in
arbitration of decretal amount, which was more than the debt and
default, it held that initiation of CIRP in such cases is not mandatory. In
the facts of the present case, there are no such facts or pleadings on
which it can be held that initiation of CIRP was uncalled for. It is true
that in the reply, the CD has pleaded that it is executing multiple projects
across diverse location and initiation of CIRP would paralyze these
projects and result in destruction of value for creditors and other
stakeholders.