# In the matter of Ashoke Kumar Pan Vs. Mithan Ceramic Ltd. & Anr. (CD - Fives Stein India Project Pvt. Ltd.) Diary No. 19031-2018

> SC judgment dated 2018-07-03. Citation: TCN-2018-SC-00045. The case arises out of a Special Leave Petition (Civil) Diary No(s). 19031/2018. The parties have…

- **Court:** SC
- **Order date:** 3 Jul 2018
- **Citation:** TCN-2018-SC-00045
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/ashoke-kumar-pan-vs-mithan-ceramic-ltd-anr-8d846171

## Summary

### Background

The case arises out of a Special Leave Petition (Civil) Diary No(s). 19031/2018. The parties have settled the matter, and the amounts have been paid. The Supreme Court utilized its powers under Article 142 of the Constitution of India to take on record the statement between the parties and set aside the National Company Law Tribunal Order.

## Facts

The case involves a civil appeal arising out of a Special Leave Petition (Civil) Diary No(s). 19031/2018. Ashoke Kumar Pan is the appellant, and Maithan Ceramic Limited & Anr. are the respondents. The parties have settled the matter, and the amounts have been paid. The Supreme Court utilized Article 142 of the Constitution of India to record the settlement and set aside the National Company Law Tribunal Order. The petition was called for hearing on 03-07-2018.

## Issues and analysis

### Issue 1: Whether the Supreme Court should utilize its powers under Article 142 of the Constitution of India …

**Ratio:** Article 142 of the Constitution of India empowers the Supreme Court to pass such decree

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**Reasoning:** The Court reasoned that since the parties had settled the matter and payments had been

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**Interpretation:** Article 142 is interpreted to grant broad powers to the Supreme Court to ensure

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**Application:** The ratio was applied to the facts of the case where the parties had settled,

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## Parties

- **Judges:** Ranjan…; R. BANU…
- **Appellants:** ASHOKE KUM…
- **Respondents:** MAITHAN CERAMIC…

## Timeline

- **2018-07-03 — Hearing…**: The petition was called…
- **2018-07-03 — Order Da…**: The Supreme Court disposed of the appeals after recording the settlement between the…

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