# In the matter of ABNM Restaurant Private Limited Vs. Ketan Mehta Civil Appeal Nos. 24105 & 24106-2017

> SC judgment dated 2017-12-15. Citation: TCN-2017-SC-00002. The case involves a civil appeal arising out of a Special Leave Petition (SLP) against a judgment…

- **Court:** SC
- **Order date:** 15 Dec 2017
- **Citation:** TCN-2017-SC-00002
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/abnm-restaurant-private-limited-vs-ketan-mehta-civil-appeal-nos-24105-24106-2017-40d825f9

## Summary

### Background

The case involves a civil appeal arising out of a Special Leave Petition (SLP) against a judgment and order passed by the National Company Law Tribunal (NCLT), Kolkata Bench. The parties settled the matter, and the amounts have been paid.

## Facts

ABNM Restaurant Private Limited filed an appeal against Ketan Mehta arising from a decision of the National Company Law Tribunal (NCLT), Kolkata Bench. The Supreme Court granted leave to appeal. Subsequently, the parties reached a settlement, and the agreed amounts were paid. The Supreme Court took the settlement on record and, exercising its powers under Article 142 of the Constitution of India, set aside the order of the NCLT. The appeal was then disposed of.

## Issues and analysis

### Issue 1: Whether the Supreme Court can exercise its powers under Article 142 of the Constitution of India to …

**Ratio:** The Supreme Court has the power under Article 142 of the Constitution of India to pass

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**Reasoning:** The Court noted that the parties had settled the matter and the amounts had been paid.

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**Interpretation:** Article 142 of the Constitution empowers the Supreme Court to take actions

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**Application:** In this case, the Court applied Article 142 to set aside the NCLT order after

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## Parties

- **Judges:** ROHINTON FALI…; NAVIN S…
- **Appellants:** ABNM RESTAURANT…
- **Respondents:** KETAN M…

## Timeline

- **2017-11-08 — NCLT Ord…**: Order passed by the National Company Law…
- **2017-11-23 — Impugned Final…**: Final judgment and order impugned…

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