# In the matter of Union Bank of India Vs. Rajahmundary Godavari Bridge Ltd. CA(AT)(Ins) No. 38 of 2020

> NCLAT judgment dated 2020-01-09. Citation: TCN-2020-NCLAT-00555. The case involves an appeal against an order dated 18th July 2019, by which the Adjudicating…

- **Court:** NCLAT
- **Order date:** 9 Jan 2020
- **Citation:** TCN-2020-NCLAT-00555
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/union-bank-of-india-vs-rajahmundary-godavari-bridge-ltd-ca-414643a1

## Summary

### Background

The case involves an appeal against an order dated 18th July 2019, by which the Adjudicating Authority (National Company Law Tribunal), Mumbai Bench, reserved an order in C.P. (IB)2677(MB)/2018 after hearing the parties.

## Facts

The Union Bank of India filed an appeal against Rajahmundary Godavari Bridge Ltd. The appeal challenged an order dated 18th July 2019, issued by the Adjudicating Authority (National Company Law Tribunal), Mumbai Bench, which had reserved its order in C.P. (IB)2677(MB)/2018 after hearing the parties. The core issue revolves around a matter related to the Insolvency and Bankruptcy Code, 2016. The appellate tribunal found no reason to interfere with the Adjudicating Authority's order but emphasized the need for an expeditious decision.

## Issues and analysis

### Issue 1: Whether the appellate tribunal should interfere with the order dated 18th July 2019, passed by the …

**Ratio:** The appellate tribunal should only interfere if there are valid grounds to do so. The

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**Reasoning:** The appellate tribunal found no ground to interfere with the Adjudicating Authority's

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**Interpretation:** This indicates a policy of judicial restraint, where appellate tribunals are

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**Application:** In this specific case, the appellate tribunal applied the principle of judicial

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## Parties

- **Judges:** S.J. Mukhop…; Bansi Lal…
- **Appellants:** Union Bank of…
- **Respondents:** Rajahmundary…
- **Advocates:** Abhishek…; J. Amal…

## Timeline

- **2019-07-18 — Adjudicating Authority…**: The Adjudicating Authority (National Company Law Tribunal), Mumbai Bench, reserved its…
- **2020-01-09 — Appellate Tribu…**: The appellate tribunal found no ground to interfere with the order of the Adjudicating…

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