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M/S. Innoventive Industries Ltd vs Icici Bank on 31 August, 2017

In Innoventive Industries [Innoventive Industries Ltd. v. ICICI Bank, (2018) 1 SCC 407, paras 28 and 30 : (2018) 1 SCC (Civ) 356] , a two-Judge Bench of this Court has explained the ambit of Section 7 IBC, and held that the adjudicating authority only has to determine whether a "default" has occurred i.e. whether the "debt" (which may still be disputed) was due and remained unpaid. If the adjudicating authority is of the opinion that a "default" has occurred, it has to admit the application unless it is incomplete. Speaking through Rohinton F. Nariman, J., the Court has observed : (SCC pp. 438-39, paras 28 &
Supreme Court of India Cites 97 - Cited by 333 - R F Nariman - Full Document

E.S. Krishnamurthy vs M/S Bharath Hi Tech Builders Pvt. Ltd. on 14 December, 2021

18. Counsel for the Respondent is right in his submission that in Section 7 application the Adjudicating Authority was obliged to determine whether default has occurred or whether debt was due as remained unpaid. The Hon'ble Supreme Court in "E.S. Krishnamurthy and Others vs. Bharath Hi-Tech Builders Private Limited- (2022) 3 SCC 161" referring to the earlier judgment of the Hon'ble Supreme Court in "Innoventive Industries Ltd. vs. ICICI Bank- (2018) 1 SCC 407" held following in paragraph 32:-
Supreme Court of India Cites 6 - Cited by 21 - D Y Chandrachud - Full Document
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