# In the matter of Anax Industries Pvt. Ltd. Vs. CH Robinson Worldwide Freight India Pvt. Ltd.

> SC judgment dated 2018-02-19. Citation: TCN-2018-SC-00075. The case involves a civil appeal arising out of a Special Leave Petition (SLP) against a final…

- **Court:** SC
- **Order date:** 19 Feb 2018
- **Citation:** TCN-2018-SC-00075
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/anax-industries-pvt-ltd-vs-ch-robinson-worldwide-freight-india-pvt-ltd-5143d358

## Summary

### Background

The case involves a civil appeal arising out of a Special Leave Petition (SLP) against a final judgment and order passed by the National Company Law Tribunal (NCLT), Divisional Bench, Chennai. The initial petition under Section 9 of the Insolvency and Bankruptcy Code (IBC), 2016, was admitted by the NCLT on December 6, 2017. Subsequently, the parties reached a settlement.

## Facts

M/S Anax Industries Pvt. Ltd. filed an appeal against the order of the National Company Law Tribunal (NCLT), Chennai, which had admitted a petition under Section 9 of the Insolvency and Bankruptcy Code (IBC), 2016, filed by M/S C.H. Robinson Worldwide Freight India Pvt. Ltd. The NCLT's order was dated December 6, 2017. Subsequently, the parties entered into a Memorandum of Settlement dated February 12, 2018, resolving their disputes. The Supreme Court took the settlement on record and, exercising its powers under Article 142 of the Constitution of India, set aside the NCLT's order. This action effectively terminated the insolvency proceedings initiated against M/S Anax Industries Pvt. Ltd.

## Issues and analysis

### Issue 1: Whether the Supreme Court should set aside the impugned orders of the National Company Law …

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

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**Reasoning:** The parties had settled their disputes through a Memorandum of Settlement. The Supreme

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**Interpretation:** Article 142 empowers the Supreme Court to take actions necessary to ensure

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**Application:** The Supreme Court applied the principle of complete justice under Article 142

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## Parties

- **Judges:** ROHINTON FALI…; NAVIN S…
- **Appellants:** M/S ANAX INDUSTRIE…
- **Respondents:** M/S C.H. ROBINSON…

## Timeline

- **2017-12-06 — NCLT Admission of…**: The National Company Law Tribunal (NCLT), Chennai, admitted a petition under Section 9 of…
- **2018-02-12 — Memorandum of S…**: The parties entered into a Memorandum of…

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