2024 (7) TMI 1462 - SC - Insolvency and Bankruptcy

Clarification of judgment regarding the term unsecured creditor in a civil appeal - HELD THAT - The word unsecured creditor referred to in paragraph 20 of the judgment be now read as secured creditor . Judgment dated 12.09.2023 is corrected to the above extent only - Miscellaneous application is disposed of accordingly.

Summary

Issues: Clarification of judgment regarding the term "unsecured creditor" in a civil appeal.

In this judgment, the Supreme Court addressed an application seeking clarification of a previous judgment dated 12.09.2023 in Civil Appeal No.2085 of 2022. The main issue was to rectify an error in the previous judgment where the term "unsecured creditor" was mentioned instead of "secured creditor." After hearing the learned counsel for both parties, the Court directed that the word "unsecured creditor" in paragraph 20 of the judgment be corrected to "secured creditor." The correction was made only to this extent, and the judgment dated 12.09.2023 was amended accordingly. The miscellaneous application filed for clarification was disposed of by the Court after making the necessary correction. The delay in filing the application was condoned by the Court before addressing the substantive issue of clarification. The judgment was concise and focused solely on rectifying the specific error in terminology to ensure accuracy and clarity in legal interpretation.