# In the matter of Hemant Shantilal Shah Vs Care Office Equipment Ltd

> HC judgment dated 2022-12-27. Citation: TCN-2022-HC-00001. The case is a Special Civil Application (SCA) filed in the High Court of Gujarat at Ahmedabad,…

- **Court:** HC
- **Order date:** 27 Dec 2022
- **Citation:** TCN-2022-HC-00001
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/high-courts-new-delhi/hemant-shantilal-shah-vs-care-office-equipment-ltd-513561da

## Summary

### Background

The case is a Special Civil Application (SCA) filed in the High Court of Gujarat at Ahmedabad, converted from SCA/42839/2022 dated 27/12/2022. The petitioners sought a direction to Respondent No. 6 (National Company Law Tribunal at Ahmedabad) to address the petitioners' contentions and record reasons for their decisions. The NCLAT is on winter vacation, and there is no vacation bench, prompting the petitioners to move the High Court.

## Facts

Hemant Shantilal Shah and other petitioners filed a Special Civil Application in the High Court of Gujarat at Ahmedabad. The application sought a direction to the National Company Law Tribunal (NCLT) at Ahmedabad to address the petitioners' contentions and record reasons for their decisions in IANO No. 358 of 2020 in CP (IB) No. 602 of 2018. The NCLAT was on winter vacation, and the petitioners claimed that their submissions were not reflected in the impugned order. The petitioners are seeking relief related to a corporate insolvency resolution process.

## Issues and analysis

### Issue 1: Whether the High Court should direct the NCLT to address the petitioners' contentions and record …

**Ratio:** The court has the discretion to dispose of the petition without going into the merits of

…

**Reasoning:** The court noted that the NCLAT would resume sessions shortly and that it had not examined

…

**Interpretation:** The court interpreted its role as not to interfere with the proceedings of the

…

**Application:** The court applied the principle of judicial restraint by not delving into the

…

## Parties

- **Judges:** GITA…
- **Appellants:** Hemant Shantilal…
- **Respondents:** Care Office…
- **Other parties:** Kohi…

## Timeline

- **2022-12-27 — Original SCA Fi…**: The original Special Civil…
- **2022-12-30 — High Court…**: The High Court disposed of the petition, allowing the petitioners to approach the NCLAT…

---

This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/high-courts-new-delhi/hemant-shantilal-shah-vs-care-office-equipment-ltd-513561da