# In the matter of Arcelormittal India Pvt. Ltd. Vs. SREI Infrastructure Finance Ltd. & Ors. CA(AT)(Ins)No. 747 of 2020

> NCLAT judgment dated 2020-08-31. Citation: TCN-2020-NCLAT-00144. The case involves an appeal before the National Company Law Appellate Tribunal (NCLAT)…

- **Court:** NCLAT
- **Order date:** 31 Aug 2020
- **Citation:** TCN-2020-NCLAT-00144
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/arcelormittal-india-pvt-ltd-vs-srei-infrastructure-finance-ltd-ors-ca-0eeb81ed

## Summary

### Background

The case involves an appeal before the National Company Law Appellate Tribunal (NCLAT) concerning an insolvency matter. The Adjudicating Authority (National Company Law Tribunal), Ahmedabad Bench, has completed pleadings and intends to dispose of pending applications quickly. A question of jurisdiction has been raised before the Adjudicating Authority.

## Facts

Arcelormittal India Pvt. Ltd. filed an appeal before the NCLAT against SREI Infrastructure Finance Ltd. & Ors. The Adjudicating Authority, Ahmedabad Bench, had completed pleadings and intended to dispose of pending applications quickly. A question of jurisdiction was raised before the Adjudicating Authority, which the NCLAT deemed crucial to address before proceeding with the merits of the case. The NCLAT disposed of the appeal, directing the Adjudicating Authority to address the jurisdictional issue.

## Issues and analysis

### Issue 1: Whether the Adjudicating Authority should address the issue of jurisdiction before proceeding with …

**Ratio:** The principle that a court or tribunal must have jurisdiction over a matter before it can

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**Reasoning:** The NCLAT reasoned that the question of jurisdiction goes to the very root of the matter.

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**Interpretation:** The interpretation is that any decision made by a court or tribunal without

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**Application:** In this case, the NCLAT applied this principle by directing the Adjudicating

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## Parties

- **Judges:** Bansi Lal…; Venugop…; +1 more
- **Appellants:** Arcelormittal…
- **Respondents:** Srei Infrastructur…

## Timeline

- **2020-08-31 — NCLAT Or…**: After hearing the advocates, the NCLAT disposed of the appeal, directing the Adjudicating…

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