“The defaulter’s paradise is lost. In its place, the economy’s rightful position has been regained”, WP(C)99/2018(SC)
Swiss Ribbons pvt Ltd & Anr.
UOI & Others
Questions to be decided:
1. Classification between financial and operational creditor discriminatory, arbitrary and violative of Art-14 of CoI ?
2. Sections 21 and 24 (Operational creditors have no vote in the committee of creditors) violative of Article 14?
3. Section 12A (withdrawal of insolvency application) is violative of Article 14 ?
4. Constitutional validity of section 29A ?
5. Section 53 (Operational creditors ranked below all other creditors, including other unsecured creditors who happen to be financial creditors) violate Article 14 ?