Authority: Supreme Court of India
Order Date: 21 September 2026
Case Overview
- Parties: Appellant – Mana Ram and Company (sole proprietorship engaged in trading, transportation and procurement of oil and mustard seeds); Respondents – Axis Bank Limited and others.
- Nature of Proceeding: Special Leave Petition (C) No. 15538/2026 filed against the judgment of the High Court of Judicature for Rajasthan at Jodhpur dated 25‑03‑2026, which had upheld the trial court order dismissing the appellant’s insolvency petition.
- Background: In 2019 the appellant obtained a cash‑credit facility from Axis Bank for business expansion. Business collapsed due to circumstances beyond its control, leading to debts of approximately Rs 11.17 crore.
- Procedural History:
- The appellant filed an insolvency petition under Section 7 of the Provincial Insolvency Act, 1920, seeking adjudication as an insolvent.
- The Trial Court (order dated 10‑03‑2026) held the petition was not maintainable under Section 8 read with Section 10(1)(a) because the petition named 23 respondents, including corporations.
- The High Court (appeal judgment dated 25‑03‑2026) affirmed the trial court, stating the petition was barred under Section 8.
- Legal Issues: Interpretation of Section 8 (which bars petitions against any corporation or association) and Section 10(1)(a) of the Act, specifically whether the bar applies when the petitioner is an individual debtor.
- Court’s Reasoning: The Court observed that Section 8 expressly bars petitions against corporations or registered companies, not petitions by an individual seeking personal adjudication. Hence, the bar is inapplicable to the appellant’s case.
Final Outcome
- The Supreme Court set aside the trial court order dated 10‑03‑2026 and the High Court judgment dated 25‑03‑2026.
- The insolvency petition filed by Mana Ram and Company under Section 7 is restored.
- The trial court is directed to proceed with the insolvency proceedings in accordance with law.
- No order as to costs was made.
- Any pending interlocutory applications, if any, are disposed of.
- The order was signed by Justice Pamidighantam Sri Narasinha and Justice Alok Aradhe, with the Registrar’s signature (Jayant Kumar Arora) on 21‑09‑2026.
Topics: Insolvency, Banking Law