# In the matter of Bishal Jaiswal vs. Assets Care And Reconstruction Enterprise Limited

> SC judgment dated 2024-12-12. Citation: TCN-2024-SC-00006. The case involves civil appeals against an order dated 10.12.2021 passed by the National Company…

- **Court:** SC
- **Order date:** 12 Dec 2024
- **Citation:** TCN-2024-SC-00006
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/bishal-jaiswal-vs-assets-care-and-reconstruction-enterprise-limited-ea47ea1b

## Summary

### Background

The case involves civil appeals against an order dated 10.12.2021 passed by the National Company Law Appellate Tribunal in Company Appeal (AT) (Insolvency) No.385/2020.

## Facts

Bishal Jaiswal filed a civil appeal against Assets Care and Reconstruction Enterprise Limited, acting as trustee of ACRE 153 TR & ANR. The appeal challenged an order dated 10.12.2021 passed by the National Company Law Appellate Tribunal in Company Appeal (AT) (Insolvency) No.385/2020. The Supreme Court heard the counsel for the appellant and dismissed the civil appeals, indicating that the court did not find sufficient grounds to interfere with the NCLAT's order.

## Issues and analysis

### Issue 1: Whether the Supreme Court should interfere with the order dated 10.12.2021 passed by the National …

**Ratio:** The Supreme Court has discretionary power to interfere with orders passed by lower courts

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**Reasoning:** The Supreme Court, after hearing the counsel for the appellant, determined that there

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**Interpretation:** The Supreme Court's decision indicates a deference to the expertise and

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**Application:** In this specific case, the Supreme Court applied its discretionary power and

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## Parties

- **Judges:** PAMIDIGHANTAM SRI…; Manoj M…
- **Appellants:** Bishal Ja…
- **Respondents:** Assets Care and…; Assets Care &…
- **Other parties:** Affir…

## Timeline

- **2021-12-10 — NCLAT Or…**: The National Company Law Appellate Tribunal passed an order in Company Appeal (AT)…
- **2024-12-12 — Supreme Court…**: The Supreme Court heard the counsel…

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