# In the matter of Jaswinder Singh Ahuja & Anr. Vs. Sunshine Tradetower Pvt. Ltd. CA(AT)(Insolvency) No. 735-2019

> NCLAT judgment dated 2019-07-19. Citation: TCN-2019-NCLAT-00433. The appellant challenged the order dated May 23, 2019, passed by the Adjudicating Authority…

- **Court:** NCLAT
- **Order date:** 19 Jul 2019
- **Citation:** TCN-2019-NCLAT-00433
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/jaswinder-singh-ahuja-anr-vs-sunshine-tradetower-pvt-ltd-ca-1ab4d26d

## Summary

### Background

The appellant challenged the order dated May 23, 2019, passed by the Adjudicating Authority (National Company Law Tribunal), Principal Bench, New Delhi, which stated that there is a stay of proceedings before the Tribunal issued by the Supreme Court in Civil Appeal No. 597 of 2019 in respect of the corporate debtor. Consequently, the hearing was deferred to August 6, 2019.

## Facts

The appellant, Jaswinder Singh Ahuja & Anr., filed an appeal against the order dated May 23, 2019, passed by the Adjudicating Authority (National Company Law Tribunal), Principal Bench, New Delhi. The Adjudicating Authority's order stated that there was a stay of proceedings before the Tribunal issued by the Supreme Court in Civil Appeal No. 597 of 2019 in respect of the corporate debtor, and the hearing was deferred to August 6, 2019. The appellant argued that they were not claiming to be a 'Financial Creditor' under Section 5(8) of the Insolvency and Bankruptcy Code, 2016, and had disbursed the amount of the time value of money independently. The insolvency resolution process had been stayed against the 'Corporate Debtor'. The stay order was filed at the instance

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## Issues and analysis

### Issue 1: Whether the NCLAT should interfere with the Adjudicating Authority's order dated May 23, 2019, …

**Ratio:** The principle of judicial comity dictates that lower courts should respect and adhere to

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**Reasoning:** The NCLAT reasoned that since the Supreme Court had issued a stay order against the

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**Interpretation:** The interpretation of judicial comity requires that the NCLAT acknowledge and

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**Application:** The ratio and reasoning were applied to the specific facts by upholding the

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## Parties

- **Judges:** S.J. Mukhop…; KanthiNar…
- **Appellants:** Jaswinder Singh…
- **Respondents:** Sunshine Tradetowe…

## Timeline

- **2019-05-23 — Order by Adjudicating…**: The Adjudicating Authority (National Company Law Tribunal), Principal Bench, New Delhi,…
- **2019-07-19 — Appeal F…**: The Appellant challenged the order dated May 23, 2019, passed by the Adjudicating…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 5(8) — Definitions](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-5)

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