# In the matter of State Bank of India Vs. Shri Gopalsamy Ganesh Babu CA(AT)(Insolvency) 427-2018

> NCLAT judgment dated 2019-01-28. Citation: TCN-2019-NCLAT-00842. The case pertains to Company Appeal (AT) (Insolvency) No. 427 of 2018 before the National…

- **Court:** NCLAT
- **Order date:** 28 Jan 2019
- **Citation:** TCN-2019-NCLAT-00842
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/state-bank-of-india-vs-shri-gopalsamy-ganesh-babu-ca-0f7fcedc

## Summary

### Background

The case pertains to Company Appeal (AT) (Insolvency) No. 427 of 2018 before the National Company Law Appellate Tribunal (NCLAT), New Delhi. The matter involves an appeal where State Bank of India is the Appellant and Shri Gopalsamy Ganesh Babu is the Respondent. The core issue revolves around the approval under Section 31 of the Insolvency and Bankruptcy Code (I&B Code) which was pending before the Adjudicating Authority (National Company Law Tribunal), Chennai.

## Facts

State Bank of India filed an appeal against Shri Gopalsamy Ganesh Babu before the National Company Law Appellate Tribunal (NCLAT), New Delhi. The appeal, numbered 427 of 2018, concerned a matter pending before the Adjudicating Authority (National Company Law Tribunal), Chennai, regarding approval under Section 31 of the Insolvency and Bankruptcy Code (I&B Code). The NCLAT noted that the matter had been pending for an extended period. This delay prompted the NCLAT to issue a directive to the Adjudicating Authority to pass an appropriate order under Section 31 within three weeks, ensuring compliance with the law. The appeal was then disposed of with specific observations and directions. A copy of the order was to be communicated to Mr. Mohd. Sharief Tariqu, Member

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## Issues and analysis

### Issue 1: Whether the Adjudicating Authority should be directed to expedite the approval process under …

**Ratio:** The ratio is that adjudicating authorities must act expeditiously in matters under the

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**Reasoning:** The court reasoned that the matter had been pending for a considerable time before the

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**Interpretation:** Section 31 of the I&B Code is interpreted to require timely action by the

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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:** S.J. Mukhop…; Bansi Lal…
- **Appellants:** State Bank of…
- **Respondents:** Gopalsamy Ganesh…

## Timeline

- **2018-01-01 — Company Appea…**: Company Appeal (AT)…
- **2019-01-28 — Order Is…**: NCLAT directs Adjudicating Authority to pass order under Section 31 of I&B Code within…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 31 — Approval of resolution plan](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-31)

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