# In the matter of B Prashanth Hegde Vs State Bank Of India

> SC judgment dated 2019-10-21. Citation: TCN-2019-SC-00016. The case involves an appeal against a judgment by the National Company Law Appellate Tribunal…

- **Court:** SC
- **Order date:** 21 Oct 2019
- **Citation:** TCN-2019-SC-00016
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/b-prashanth-hegde-vs-state-bank-of-india-64796e2d

## Summary

### Background

The case involves an appeal against a judgment by the National Company Law Appellate Tribunal (NCLAT). The Supreme Court heard the learned Senior Counsel appearing for the parties and referred to its judgment in Sagar Sharma and Another vs. Phoenix ARC Pvt. Ltd. And Another, 2019 SCC OnLine SC 1332.

## Facts

B Prashanth Hegde filed a civil appeal against State Bank of India & Anr. The Supreme Court heard the appeal and referred to its earlier judgment in Sagar Sharma and Another vs. Phoenix ARC Pvt. Ltd. And Another. The court set aside the NCLAT's judgment and directed it to re-examine the question of limitation, considering the judgments in B.K. Educational Services Private Limited vs. Parag Gupta and Associates and Sagar Sharma and Another, applying Article 137 of the Limitation Act. The appeal was allowed, pending proceedings were held in abeyance, and pending applications were disposed of. The key fact is the Supreme Court's intervention to ensure the NCLAT correctly applies the law on limitation.

## Issues and analysis

### Issue 1: Whether the NCLAT's judgment should be set aside and the matter remanded for re-examination of the …

**Ratio:** The Supreme Court has the power to set aside judgments of lower tribunals if they are

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**Reasoning:** The Supreme Court found it necessary to set aside the NCLAT's judgment because it

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**Interpretation:** This issue involves the interpretation of the Supreme Court's appellate

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**Application:** The Supreme Court applied its power to set aside the NCLAT's judgment and

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## Parties

- **Judges:** ROHINTON FALI…; V. RAMASUBR…
- **Appellants:** B. Prashant…
- **Respondents:** State Bank of…

## Timeline

- **2019-09-26 — NCLAT Jud…**: Date of the impugned judgment of the National…
- **2019-10-21 — Supreme Court…**: The appeal was called on for…

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