# In the matter of Ashok Kumar Sarawagi vs. Enforcement Directorate & Anr.

> SC judgment dated 2023-10-10. Citation: TCN-2023-SC-00031. This is a Special Leave Petition (Civil) arising out of a final judgment and order dated 2022-05-09…

- **Court:** SC
- **Order date:** 10 Oct 2023
- **Citation:** TCN-2023-SC-00031
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/ashok-kumar-sarawagi-vs-enforcement-directorate-anr-67949946

## Summary

### Background

This is a Special Leave Petition (Civil) arising out of a final judgment and order dated 2022-05-09 in CAAT(I) No. 411/2022 passed by the National Company Law Appellate Tribunal. The matter was called for hearing on 2023-10-10.

## Facts

The Special Leave Petition (Civil) Diary No(s). 30092/2022 arises from a final judgment and order dated 2022-05-09 passed by the National Company Law Appellate Tribunal in CAAT(I) No. 411/2022. The petitioner's counsel stated that the petitioner is already before another court. An intervention application (I.A No. 49945/2023) has been filed by the Insolvency & Bankruptcy Board of India. The court has directed the respondent to file a reply to the intervention application within two weeks.

## Issues and analysis

### Issue 1: Whether the intervention application filed by the Insolvency & Bankruptcy Board of India should …

**Ratio:** The court has the discretion to allow or disallow intervention applications based on the

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**Reasoning:** The court directed the respondent to file a reply to the intervention application,

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**Interpretation:** The intervention application is being considered in the context of the

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**Application:** The court will apply the principles of intervention to the specific facts of

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## Parties

- **Judges:** SANJAY KISH…; Sudhanshu…
- **Appellants:** ASHOK KUMAR…
- **Respondents:** ENFORCEMENT…

## Timeline

- **2022-05-09 — Impugned…**: Final judgment and order passed by the National Company Law Appellate Tribunal in CAAT(I)…
- **2023-10-10 — Hearing…**: The matter was called for…

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