Secured creditor can choose remedy
The Supreme Court ruled last week that a secured creditor has a right to file a winding-up petition even after it obtained a decree from the Debts Recovery Tribunal and a recovery certificate based on it. The judgment in the appeal, Swaraj Infrastructure Ltd vs Kotak Mahindra Bank, upheld the Bombay High Court ruling and dismissed all petitions challenging it. The Supreme Court clarified that a harassed secured creditor can elect his remedy against debtor companies. It is not ‘blowing hot and cold’ as alleged by the debtor companies, the judgment remarked, adding that “when