# In the matter of Axis Bank Limited Vs. Vidarbha Industries Power Limited Review Petition (Civil) No. 1043 Of 2022 
In Civil Appeal No. 4633 of 2021

> SC judgment dated 2022-09-22. Citation: TCN-2022-SC-00019. This is a review petition filed against the judgment in Civil Appeal No. 4633 of 2021. The review…

- **Court:** SC
- **Order date:** 22 Sept 2022
- **Citation:** TCN-2022-SC-00019
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/axis-bank-limited-vs-vidarbha-industries-power-limited-review-petition-civil-no-5c3b4763

## Summary

### Background

This is a review petition filed against the judgment in Civil Appeal No. 4633 of 2021. The review was sought because it was submitted that the court had overlooked the judgment in E.S. Krishnamurthy & Ors. vs. Bharath Hi-Tech Builders Pvt. Ltd. The court's attention was drawn to two paragraphs of the said judgment.

## Facts

Axis Bank Limited filed a Civil Appeal No. 4633 of 2021 against Vidarbha Industries Power Limited. A review petition (Civil) No. 1043 of 2022 was filed in the Supreme Court of India against the final judgment and order dated 12-07-2022 in C.A. No. 4633/2021. The review petition was listed for open court hearing because it was submitted that the court had overlooked the judgment in E.S. Krishnamurthy & Ors. vs. Bharath Hi-Tech Builders Pvt. Ltd. The Solicitor General submitted that certain observations made by the court could be interpreted contrary to the aims and objects of the IBC. The court found no grounds for review.

## Issues and analysis

### Issue 1: Whether the adjudicating authority could …

**Ratio:** The adjudicating authority cannot compel a party to the proceedings before it to settle a

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**Reasoning:** The court referred to its earlier judgment in Krishnamurthy's case, where this issue was

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**Interpretation:** The adjudicating authority's power is limited to either admitting or rejecting

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**Application:** In this case, the court reiterated that the adjudicating authority cannot force

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## Parties

- **Judges:** INDIRA BA…; J.K. MAHE…
- **Appellants:** Axis Bank L…
- **Respondents:** Vidarbha Industrie…
- **Other parties:** Affir…

## Timeline

- **2021-01-01 — Civil Appea…**: Civil Appeal No. 4633…
- **2022-07-12 — Final Judgment…**: Final judgment and order…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 7 — Initiation of corporate insolvency resolution…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-7)

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