# In the matter of Anubhav Anilkumar Agarwal Vs. Bank of India & Anr. Civil Appeal No. 3412 of 2020

> SC judgment dated 2020-10-15. Citation: TCN-2020-SC-00018. The case involves an appeal against an order that was dismissed. The appellant filed a review…

- **Court:** SC
- **Order date:** 15 Oct 2020
- **Citation:** TCN-2020-SC-00018
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/anubhav-anilkumar-agarwal-vs-bank-of-india-anr-civil-appeal-no-3412-of-2020-f1fa3a73

## Summary

### Background

The case involves an appeal against an order that was dismissed. The appellant filed a review petition. The National Company Law Appellate Tribunal (NCLAT) issued notice in the review petition but did not pass any interim order. The NCLAT adjourned the review petition thrice, and the NCLT is proceeding further against the properties of the appellant.

## Facts

Respondent No. 1, a financial creditor, filed a petition under Section 7 of the Insolvency and Bankruptcy Code, 2016, in February 2019. The appellant's appeal against the order was dismissed, leading to the filing of a review petition. The NCLAT issued notice on the review petition but did not issue any interim order. The review petition was adjourned thrice by the NCLAT. Meanwhile, the NCLT is proceeding against the appellant's properties. The Supreme Court took note of these submissions and directed the NCLAT to decide the review petition within two weeks.

## Issues and analysis

### Issue 1: Whether the NCLAT should be directed to expedite the review petition given the NCLT's actions …

**Ratio:** Courts have the power to issue directions to subordinate tribunals to ensure timely

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**Reasoning:** The Supreme Court observed that the NCLAT had adjourned the review petition multiple

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**Interpretation:** The Supreme Court interpreted its power to oversee and direct the functioning

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**Application:** The ratio and reasoning were applied to the specific facts where the NCLAT's

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## Parties

- **Judges:** L. NAGESWA…; HEMANT…; +1 more
- **Appellants:** Anubhav Anilkumar…
- **Respondents:** Bank of…
- **Other parties:** Affir…

## Timeline

- **2019-02-01 — Petition…**: Respondent No. 1 filed a petition under Section 7 of the Insolvency and Bankruptcy Code,…
- **2020-07-29 — NCLAT No…**: The National Company Law Appellate Tribunal issued notice in the review petition but did…

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