Introduction

The Hon’ble Supreme Court’s decision in Ujaas Energy Ltd. v. West Bengal Power Development Corporation Ltd., Civil Appeal No. 3619 of 2026, decided on 20 March 2026, is an important pronouncement at the intersection of Insolvency Law and Arbitration  

Factual Background

In a landmark judgment in the matter of Mansi Brar Fernandes vs Shubha Sharma and others delivered in September 2025, the Hon’ble Supreme Court of India reaffirmed the constitutional right to shelter as a fundamental right under Article 21 of the Indian Constitution.

INTRODUCTION:

The Hon’ble Supreme Court (“H SC”) in the matter of Global Credit Capital Limited & Anr v. Sach Marketing Private Limited & Anr[i] has passed common judgement wherein it has upheld the order of National Company Law Appellate Tribunal which categorized lenders as financial creditors for the purpose of Insolvency & Bankruptcy Code, 2016 (“Code”). 

Factual Aspect: