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KUNWER SACHDEV v. SU KAM POWER SYSTEMS LTD.

Supreme Court Of India
Aug 7, 2023
Smart Summary (Beta)

Factual and Procedural Background

The appellant, Kunwer Sachdev, filed Civil Appeal Diary No. 13873/2023 challenging the order dated 03 February 2023 passed by the National Company Law Appellate Tribunal (NCLAT) in Company Appeal (AT) (INS) No. 673 of 2022. After condoning the delay in refiling and curing defects, the Supreme Court heard the matter on 07 August 2023. The Court’s order concerns only the maintainability of the appeal against the NCLAT decision; no factual background of the underlying insolvency proceedings or business dispute is provided in the opinion.

Legal Issues Presented

  1. Whether the impugned NCLAT order raised any substantial question of law warranting interference by the Supreme Court under its civil appellate jurisdiction.

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’s analysis is succinct. It first condoned the delay in refiling the appeal. It then examined the impugned NCLAT order and concluded that the appeal did not involve any substantial question of law. On that basis, the Court held that there was “no reason to interfere” with the NCLAT’s decision and dismissed the civil appeal. All pending interlocutory applications were also disposed of. The order does not elaborate further on the merits or provide additional legal reasoning.

Holding and Implications

Holding: The Civil Appeal is dismissed.

Implications: The NCLAT order dated 03 February 2023 remains undisturbed. The dismissal resolves the dispute between the parties at the level of the Supreme Court and brings the appellate process to an end. The decision is confined to the absence of a substantial question of law and sets no new precedent.

Show all summary ...

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO OF 2023

(Diary No 13873/2023)

Kunwer Sachdev … Appellant Versus

SU CAM Power Systems Ltd & Ors … Respondents

O R D E R

1 Delay condoned.

2 We find no reason to interfere with the impugned order of the National Company Law Appellate Tribunal dated 03 February 2023 in Company Appeal (AT) (INS) No 673 of 2022 since no substantial question of law is involved in the appeal.

3 The Civil Appeal is accordingly dismissed.

4 Pending applications, if any, stand disposed of.

…...…...….......………………....…CJI. [Dr Dhananjaya Y Chandrachud] …...…...….......………………....…..J. [J B Pardiwala]

…...…...….......………………....…..J. [Manoj Misra]

New Delhi;

1

2

August 07, 2023

GKA

3

ITEM NO.6 COURT NO.1 SECTION XVII

S U P R E M E C O U R T O F I N D I A

RECORD OF PROCEEDINGS

CIVIL APPEAL Diary No(s). 13873/2023 (Arising out of impugned final judgment and order dated 03-02-2023 in CAAT(I) No.673/2022 passed by the National Company Law Appellate Tribunal)

KUNWER SACHDEV Appellant(s)

VERSUS

SU KAM POWER SYSTEMS LTD. & ORS. Respondent(s) ( IA No.141209/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED

JUDGMENT and IA No.141207/2023-CONDONATION OF DELAY IN REFILING /

CURING THE DEFECTS )

Date : 07-08-2023 This appeal was called on for hearing today.

CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE J.B. PARDIWALA HON'BLE MR. JUSTICE MANOJ MISRA For Petitioner(s) Mr. Siddharth Yadav, Sr. Adv. Mr. Apoorv Agarwal, Adv.

Mr. Vaibhav Manu Srivastava, AOR Ms. Aparna B. Iyer, Adv.

Ms. Kanishka, Adv.

For Respondent(s) Mr. Neeraj Kishan Kaul, Sr. Adv. Mr. Kaushik Laik, AOR

Mrs. Bani Brar Rustomkhan, Adv.

Mr. Toshiv Goyal, Adv.

Mr. Ashay Kaushik, Adv.

Mr. S. S. Shroff, AOR

Ms. Misha, Adv.

Mr. Nikhil Mathur, Adv.

UPON hearing the counsel the Court made the following

O R D E R

1 Delay condoned.

2 We find no reason to interfere with the impugned order of the National Company

4

Law Appellate Tribunal dated 03 February 2023 in Company Appeal (AT) (INS) No 673 of 2022 since no substantial question of law is involved in the appeal.

3 The Civil Appeal is accordingly dismissed.

4 Pending applications, if any, stand disposed of.

(GULSHAN KUMAR ARORA) (SAROJ KUMARI GAUR)

AR-CUM-PS ASSISTANT REGISTRAR (Signed order is placed on the file)