# In the matter of State Bank of India Vs.
Essar Power Gujarat Ltd. Company Appeal (AT) (Insolvency) No. 959 & 960 of 2022

> NCLAT judgment dated 2022-08-12. Citation: TCN-2022-NCLAT-00287. The case involves an appeal challenging orders dated 27.07.2022 and 01.08.2022. The…

- **Court:** NCLAT
- **Order date:** 12 Aug 2022
- **Citation:** TCN-2022-NCLAT-00287
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/state-bank-of-india-vs-essar-power-gujarat-ltd-company-appeal-95b1ebab

## Summary

### Background

The case involves an appeal challenging orders dated 27.07.2022 and 01.08.2022. The Adjudicating Authority had fixed the matter for 01.08.2022, but it was preponed to 22.08.2022.

## Facts

State Bank of India filed an appeal against Essar Power Gujarat Ltd. The Adjudicating Authority initially scheduled a hearing for 01.08.2022 but later preponed it to 22.08.2022. The appeals before the NCLAT challenged the orders dated 27.07.2022 and 01.08.2022. The NCLAT decided that since the Adjudicating Authority had already preponed the hearing, there was no need for the NCLAT to adjudicate the matter, and the parties were free to make their submissions before the Adjudicating Authority.

## Issues and analysis

### Issue 1: Whether the Appellate Tribunal should adjudicate the appeals when the Adjudicating Authority has …

**Ratio:** The Appellate Tribunal should not interfere when the Adjudicating Authority has already

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**Reasoning:** The court reasoned that since the Adjudicating Authority had already preponed the hearing

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**Interpretation:** This implies that the Appellate Tribunal defers to the Adjudicating Authority's

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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:** Ashok Bh…; Rakesh…; +1 more
- **Appellants:** State Bank of…
- **Respondents:** Essar Power…

## Timeline

- **2022-07-27 — Order Da…**: Order issued by the…
- **2022-08-01 — Order Da…**: Order issued by the Adjudicating Authority;…

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