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HINDUSTAN CONSTRUCTION COMPANY LIMITED vs UNION OF INDIA

Supreme Court of IndiaJudgment

About this record

The Supreme Court of India decided this matter on 27 November 2019. The registry identifies it as Diary No. 29540/2019. The bench of 3 comprised Justice Aniruddha Bose, Justice Rohinton Fali Nariman and Justice V. Ramasubramanian.

The disposal recorded by the registry is "Sections 87 and the retrospective repeal of Section 26 struck down as unconstitutional; a…". The record refers to 6 enactments, among them Arbitration and Conciliation Act, 1996, Insolvency and Bankruptcy Code, 2016 and Code of Civil Procedure, 1908. 6 statutory provisions are noted on the record.

Court record

Court record details
CourtSupreme Court of India
Record typeJudgment
Diary numberDiary No. 29540/2019
Date of decision
Decision year2019
Bench
  • HON'BLE MR. JUSTICE ANIRUDDHA BOSE
  • HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN
  • HON'BLE MR. JUSTICE V. RAMASUBRAMANIAN
PetitionerHINDUSTAN CONSTRUCTION COMPANY LIMITED
RespondentUNION OF INDIA
DisposalSections 87 and the retrospective repeal of Section 26 struck down as unconstitutional; amendments declared invalid
Reportingreportable
Acts
  • Arbitration and Conciliation Act, 1996
  • Insolvency and Bankruptcy Code, 2016
  • Code of Civil Procedure, 1908
  • Companies Act, 2013
  • Limited Liability Partnership Act, 2008
  • National Highways Act, 1956
  • NITI Aayog Office Memorandum No.14070/14/2016-PPPAU
Sections
  • Section 26 of the Arbitration and Conciliation (Amendment) Act, 2015
  • Section 87 of the Arbitration and Conciliation Act, 1996
  • Section 15 of the Arbitration and Conciliation (Amendment) Act, 2019
  • Section 3(7), 3(8), 3(11), 3(23)(g) of the Insolvency and Bankruptcy Code, 2016
  • Section 2(20), 2(45) of the Companies Act, 2013
  • Section 5 of the National Highways Act, 1956
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