# In the matter of Insolvency and Bankruptcy Board of India Vs State Bank of India & Ors W. P. (C) 10189 - 2018

> HC judgment dated 2018-09-26. Citation: TCN-2018-HC-00005. This is a writ petition filed in the High Court of Delhi challenging an order passed by the…

- **Court:** HC
- **Order date:** 26 Sept 2018
- **Citation:** TCN-2018-HC-00005
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/high-courts-chandigarh-bench/insolvency-and-bankruptcy-board-of-india-vs-state-bank-of-india-ors-w-p-ef43ac85

## Summary

### Background

This is a writ petition filed in the High Court of Delhi challenging an order passed by the National Company Law Tribunal (NCLT). The NCLT order held that the procedure for calling for 'Expression of Interest' is ultra-vires of the Insolvency and Bankruptcy Code, 2016. The petition questions whether the NCLT could strike down the provisions of Section 36A of the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016.

## Facts

The National Company Law Tribunal (NCLT) passed an order stating that the procedure for calling for 'Expression of Interest' is ultra-vires of the Insolvency and Bankruptcy Code, 2016. This order was challenged in the High Court of Delhi. The specific NCLT order in question was dated 05.09.2018 and pertained to the matter of State Bank of India vs. Su Kam Power Systems Ltd. The court noted that Resolution Professionals had already issued 'Expression of Interest' in some cases. The key fact is the NCLT's decision regarding the 'Expression of Interest' procedure and the subsequent challenge to that decision in the High Court.

## Issues and analysis

### Issue 1: Whether the National Company Law Tribunal (NCLT) could strike down the provisions of Section 36A of …

**Ratio:** The court did not explicitly state a ratio but implied that the NCLT's power to strike

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**Reasoning:** The court reasoned that it was not inclined to interfere with the impugned order at this

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**Interpretation:** The legal issue revolves around the extent of the NCLT's authority to

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**Application:** The court applied its reasoning by directing that the NCLT's order should not

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## Parties

- **Judges:** VIBHU B…
- **Appellants:** Mr.Vikas…
- **Respondents:** Su Kam Power…; State Bank of…
- **Advocates:** Vikas M…; Mithun Sh…; +1 more

## Timeline

- **2018-09-05 — NCLT Ord…**: NCLT passed an order stating that the procedure for calling for 'Expression of Interest'…
- **2018-09-26 — High Court…**: The High Court issued notice to the respondents and directed that the NCLT's order should…

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