The Supreme Court Held that Assets Of Subsidiary Company Cannot Be Part Of Resolution Plan Of Holding Company

The Supreme Court held that the holding company is not the owner of assets of the subsidiary company and hence, the assets of subsidiary company cannot be part of the resolution plan of the holding one. Further, the Court held that the financial creditor can always file separate applications under Section 7 of the IBC against the corporate debtor and the corporate guarantor. The applications can be filed simultaneously as well.