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Smart Summary

Supreme Court of India — Order Summary

Factual and Procedural Background

This matter is a Civil Appeal (No. 3968/2020) before the Supreme Court of India arising from an order of the National Company Law Appellate Tribunal (NCLAT) dated 10 August 2020 in Company Appeal (AT) (Insolvency) No. 194 of 2020. The appellant is Sunil S. Kakkad and the respondents are Atrium Infocom Pvt. Ltd. & Others.

The appeal was heard on 07 January 2021 by a bench comprising D.Y. Chandrachud, Indira Banerjee, and Sanjiv Khanna, JJ. The record reflects interlocutory applications: IA No. 127162/2020 (Exemption from filing certified copy of the impugned judgment) and IA No. 127165/2020 (Ex parte stay). After hearing counsel, the Supreme Court disposed of the matter by order.

Legal Issues Presented

The opinion addresses a procedural matter and does not frame distinct legal issues.

Arguments of the Parties

The opinion does not contain a detailed account of the parties' legal arguments.

Table of Precedents Cited

No precedents were cited in the provided opinion.

Court's Reasoning and Analysis

The Court noted, after hearing counsel, that it found no reason to interfere with the impugned NCLAT order dated 10 August 2020 in Company Appeal (AT) (Insolvency) No. 194 of 2020. On this basis, the Court dismissed the Civil Appeal. The order further records that any pending applications stood disposed of. The reasoning is concise and limited to the Court’s conclusion that interference with the NCLAT decision was unwarranted.

Holding and Implications

DISMISSED — The Supreme Court dismissed Civil Appeal No. 3968/2020 and disposed of all pending applications.

Implications: The NCLAT order dated 10 August 2020 remains undisturbed and binding between the parties. The interlocutory applications (including for exemption from filing the certified copy and for ex parte stay) stand disposed of. The order sets no new precedent as it contains no elaborated legal principles beyond the decision not to interfere.

    Sunil S. Kakkad (S) v. Atrium Infocom Pvt. Ltd. And Others (S).

    1. We find no reason to interfere with the impugned order dated 10 August 2020 passed by the National Company Law Appellate Tribunal in Company Appeal (AT) (Insolvency) No 194 of 2020.

    2. The Civil Appeal is accordingly dismissed.

    3. Pending applications, if any, stand disposed of.

    SUPREME COURT OF INDIA

    RECORD OF PROCEEDINGS

    Civil Appeal No. 3968/2020

    Sunil S. Kakkad.….Appellant(s)
    v.
    Atrium Infocom Pvt. Ltd. & Ors.….Respondent(s)

    (With appln.(s) for IA No. 127162/2020-Exemption From Filing C/C of the Impugned Judgment and IA No. 127165/2020-Ex-Parte Stay)

    Date: 07/01/2021 This appeal was called on for hearing today.

    (Before D.Y Chandrachud, Indira Banerjee and Sanjiv Khanna, JJ.)

    For Appellant(s) Mr. Ritin Rai, Sr. Adv.

    Mr. A.R Gupta, Adv.

    Mr. Mohit Gupta, Adv.

    Keith Varghese, Adv.

    Ms. Rashi Bansal, AOR

    For Respondent(s)

    UPON hearing the counsel the Court made the following

    4. The Civil Appeal is dismissed in terms of the signed order.

    5. Pending applications, if any, stand disposed of.

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    Comments

    Sunil S. Kakkad (S) v. Atrium Infocom Pvt. Ltd. And Others (S).
    (Jan 7, 2021)