# In the matter of B. Prashanth Hegde Vs. State Bank of India & Anr. CA (AT) (Ins) No. 68 of 2019 & other IAs.

> NCLAT judgment dated 2021-07-15. Citation: TCN-2021-NCLAT-00185. The case involves an appeal against an order of the NCLAT. The applicant (Respondent No. 1)…

- **Court:** NCLAT
- **Order date:** 15 Jul 2021
- **Citation:** TCN-2021-NCLAT-00185
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/b-prashanth-hegde-vs-state-bank-of-india-anr-ca-70a413fc

## Summary

### Background

The case involves an appeal against an order of the NCLAT. The applicant (Respondent No. 1) filed an application to amend a Section 7 application based on an order from the Supreme Court. The Supreme Court had previously allowed the appellant an opportunity to amend pleadings, subject to costs. The applicant complied with the Supreme Court's order by paying the costs. The appellant objected to the amendment, arguing lack of due diligence and non-maintainability under Section 7(5)(b) of the IBC. The applicant filed the amended Section 7 application before the NCLT Bengaluru Bench.

## Facts

B. Prashanth Hegde is the appellant in the case. State Bank of India & Anr. are the respondents. The applicant (Respondent No. 1) filed an application to amend a Section 7 application under the IBC, following an order from the Supreme Court in Civil Appeal No. 3765 of 2021. The Supreme Court had allowed the appellant an opportunity to amend pleadings, subject to costs of Rs. 1,00,000. The applicant paid the costs via bankers cheque No. 160929 dated 27th April 2021. The appellant objected to the amendment, arguing that it introduced a new case, was contrary to prior pleadings, and was mala fide. The amended Section 7 application was filed before the NCLT Bengaluru Bench. The Supreme Court's order set aside a previous NCLAT judgment dated 14.10.2020 and restored the

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## Issues and analysis

### Issue 1: Whether the amendment to the Section …

**Ratio:** The ratio is based on the principle of compliance with orders of higher courts,

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**Reasoning:** The court reasoned that the proposed amendment was being done in compliance with the

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**Interpretation:** The interpretation involves understanding the scope and intent of the Supreme

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**Application:** The ratio and reasoning were applied to the specific facts of the case, where

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## Parties

- **Judges:** Jarat Kuma…; V. P. S…
- **Appellants:** B. Prashant…
- **Respondents:** State Bank of…

## Timeline

- **2021-04-15 — Supreme Cour…**: Hon'ble Supreme Court dated 15th April 2021 passed an order in Civil Appeal No. 3765 of…
- **2021-04-27 — Payment of…**: Applicant paid Rs.1,00,000/- (Rupees One Lakh) vide bankers cheque No. 160929 dated 27th…

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