# In the matter of Ajmer Singh Bhullar & Anr Vs Union of India  & Ors CWP No-29553-2017

> HC judgment dated 2018-03-14. Citation: TCN-2018-HC-00019. The case involves a writ petition (CWP No. 29553 of 2017) filed by Ajmer Singh Bhullar and another…

- **Court:** HC
- **Order date:** 14 Mar 2018
- **Citation:** TCN-2018-HC-00019
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/high-courts-chandigarh-bench/ajmer-singh-bhullar-anr-vs-union-of-india-ors-cwp-no-29553-2017-4795d290

## Summary

### Background

The case involves a writ petition (CWP No. 29553 of 2017) filed by Ajmer Singh Bhullar and another against the Union of India and others. The learned counsel for the bank placed on record a copy of an order passed by the Supreme Court in a Special Leave to Appeal (C) No. 1740 of 2018, Shivam Water Treaters Private Limited vs Union of India, Secretary to Government, Ministry of Corporate Affairs and others, dated 25.1.2018. The Special Leave to Appeal arose out of an order passed by the Gujarat High Court. The Supreme Court order requested the High Court to address the relief limited to any action taken by the respondents or any order passed by the National Company Law Tribunal (NCLT), barring any other relief sought in the prayer clause. The Supreme Court also

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## Facts

Ajmer Singh Bhullar and another filed a writ petition (CWP No. 29553 of 2017) against the Union of India and others. The bank's counsel presented a copy of a Supreme Court order related to Special Leave to Appeal (C) No. 1740 of 2018, Shivam Water Treaters Private Limited vs Union of India, Secretary to Government, Ministry of Corporate Affairs and others, dated 25.1.2018. This Supreme Court order stemmed from an order passed by the Gujarat High Court. The Supreme Court directed the High Court to limit its relief to actions taken by the respondents or orders passed by the National Company Law Tribunal (NCLT), and not to delve into the validity of the Insolvency and Bankruptcy Code, 2016, or the constitutional validity of the NCLT. The petitioner's counsel argued that

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## Issues and analysis

### Issue 1: Whether the High Court has the jurisdiction to examine the validity of the Insolvency and …

**Ratio:** The Supreme Court's order in Special Leave to Appeal (C) No. 1740 of 2018 specifically

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**Reasoning:** The Supreme Court, being the apex court, has the power to define the scope of inquiry for

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**Interpretation:** The Supreme Court's order is interpreted as a binding directive that limits the

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**Application:** In this case, the Supreme Court's order directly applies to the High Court's

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## Parties

- **Judges:** RAJESH B…; B. S. W…
- **Appellants:** AJMER SINGH…
- **Respondents:** Shivam Water…; Union of…
- **Advocates:** Hemant…; Gurinder Ji…; +6 more

## Timeline

- **2018-01-25 — Supreme Cour…**: Supreme Court passed an order in Special Leave to Appeal (C) No. 1740 of 2018, Shivam…
- **2018-04-19 — Case Adjo…**: The High Court adjourned…

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