# In the matter of Shri Tradco India Pvt. Ltd. & Anr. 
Vs.
State Bank of India Comp. App. (AT) (Ins.) No. 717 of 2022

> NCLAT judgment dated 2022-07-05. Citation: TCN-2022-NCLAT-00394. This is an appeal filed against the order dated 03.06.2022 passed by the Adjudicating…

- **Court:** NCLAT
- **Order date:** 5 Jul 2022
- **Citation:** TCN-2022-NCLAT-00394
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/shri-tradco-india-pvt-ltd-anr-vs-state-bank-of-india-comp-app-8e05790b

## Summary

### Background

This is an appeal filed against the order dated 03.06.2022 passed by the Adjudicating Authority (National Company Law Tribunal), Mumbai Bench, Court-IV. The Adjudicating Authority disposed of I.As 1458/2022 and 1459/2022 filed by the Appellant- Corporate Debtor. The Adjudicating Authority observed that the Bench is not inclined to direct the Financial Creditor to allow the inspection.

## Facts

The Appellant, Shri Tradco India Pvt. Ltd., filed an appeal against an order dated 03.06.2022 passed by the Adjudicating Authority (National Company Law Tribunal), Mumbai Bench, Court-IV, regarding I.As 1458/2022 and 1459/2022. The Adjudicating Authority had observed that it was not inclined to direct the Financial Creditor, State Bank of India, to allow inspection of documents. However, the order also stated that if the Corporate Debtor sought specific documents from the Financial Creditor based on a petition filed by the Financial Creditor, the same could be requested and provided. The matter was pending before the Adjudicating Authority, and the order was considered interlocutory.

## Issues and analysis

### Issue 1: Whether the Adjudicating Authority's order …

**Ratio:** The Adjudicating Authority's order is justified because it allows the Corporate Debtor to

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**Reasoning:** The court reasoned that the Adjudicating Authority's order, while not directing a general

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**Interpretation:** The interpretation of the order focuses on the balance between allowing access

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**Application:** The ratio and reasoning are applied to the specific facts by noting that the

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## Parties

- **Judges:** Ashok Bh…; M. Satyanarayana…; +1 more
- **Respondents:** Tradco India Pvt.…; State Bank of…

## Timeline

- **2022-06-03 — Order by Adjudicating…**: The Adjudicating Authority (National Company Law Tribunal), Mumbai Bench, Court-IV,…
- **2022-06-28 — Matter Fixed Before…**: The matter was fixed before…

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