# In the matter of State Bank of India. Vs. Rohit Ferro Tech Ltd. CA(AT)(Insolvency) No. 571-2019

> NCLAT judgment dated 2019-05-27. Citation: TCN-2019-NCLAT-00531. The case pertains to Company Appeal (AT) (Insolvency) No. 571 of 2019 before the National…

- **Court:** NCLAT
- **Order date:** 27 May 2019
- **Citation:** TCN-2019-NCLAT-00531
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/state-bank-of-india-vs-rohit-ferro-tech-ltd-ca-0cafd928

## Summary

### Background

The case pertains to Company Appeal (AT) (Insolvency) No. 571 of 2019 before the National Company Law Appellate Tribunal, New Delhi. The appellant, State Bank of India, filed an application under Section 7 of the Insolvency and Bankruptcy Code. The application has been pending since August 2017 and has been adjourned multiple times.

## Facts

State Bank of India filed an application under Section 7 of the Insolvency and Bankruptcy Code against Rohit Ferro Tech Ltd. The application has been pending since August 2017 and has been adjourned multiple times. The Corporate Debtor had not appeared, and notice was given. The Adjudicating Authority (National Company Law Tribunal), Kolkata Bench, Kolkata, is expected to pass an order either admitting or rejecting the claim.

## Issues and analysis

### Issue 1: Whether the NCLAT should interfere with the adjournment orders passed by the Adjudicating Authority …

**Ratio:** The NCLAT generally refrains from interfering with the procedural aspects of ongoing

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**Reasoning:** The court states that it cannot interfere with the order of adjournment dated 7th

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**Interpretation:** This indicates a judicial restraint in interfering with the Adjudicating

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**Application:** The ratio is applied to the specific fact that the Corporate Debtor had not

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## Parties

- **Judges:** S.J. Mukhop…; A.I.S. C…; +1 more
- **Appellants:** State Bank of…
- **Respondents:** Rohit Ferro Tech…
- **Advocates:** Ritu Bh…

## Timeline

- **2017-08-01 — Application…**: Application under Section 7 of the Insolvency and Bankruptcy Code filed by State Bank of…
- **2018-09-07 — Adjournment…**: Order of adjournment issued on 7th September 2018 due to the non-appearance of the…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 7 — Initiation of corporate insolvency resolution…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-7)

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