Courts Supreme Court
Supreme Court: CIRP need not end if Section 9 petition was fraudulent
The case concerns whether the Adjudicating Authority (AA) has the power to recall a Corporate Insolvency Resolution Process (CIRP) initiated by a fraudulent Section 9 petition, and if so, whether the process must be terminated or can be…
The case concerns whether the Adjudicating Authority (AA) has the power to recall a Corporate Insolvency Resolution Process (CIRP) initiated by a fraudulent Section 9 petition, and if so, whether the process must be terminated or can be continued by substituting the applicant.
Who it concerns: Appellant: Orris Infrastructure Private Limited; Respondents: Rakesh Kumar Gupta & Ors.; Bench: Not stated in the provided text.
What the court decided
- The Court answered the questions regarding the AA's power to recall CIRP and the consequences of such recall.
- The Court disposed of the appeals with specific directions.
- The Court noted that the AA held it had no power to recall after admission, while the NCLAT held such power exists.
Also in the document
- The judgment is marked as 'REPORTABLE'.
- The case involves Civil Appeal Nos. 6797-6801 of 2023, 6792-6796 of 2023, and 6802-6806 of 2023, along with Contempt Petition (C) Nos. 249-253 of 2025.
- The provided text is truncated and does not contain the final operative orders or the specific directions issued by the Court.
How this was written
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The original document
Supreme Court of India — orders & judgments
Court order · 1 Oct 2026
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