# In the matter of Chandra Shekhar Sharma Vs. Shekhar Resorts Ltd. & Ors. Civil Appeal No. 4220 of 2020

> SC judgment dated 2021-01-12. Citation: TCN-2021-SC-00083. The case involves a civil appeal before the Supreme Court of India against an order of the National…

- **Court:** SC
- **Order date:** 12 Jan 2021
- **Citation:** TCN-2021-SC-00083
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/chandra-shekhar-sharma-vs-shekhar-resorts-ltd-ors-civil-appeal-no-4220-of-2020-1b56cacf

## Summary

### Background

The case involves a civil appeal before the Supreme Court of India against an order of the National Company Law Appellate Tribunal (NCLAT). The NCLAT order, dated September 14, 2020, pertained to Company Appeal (AT) (Insolvency) No. 689 of 2020.

## Facts

Chandra Shekhar Sharma filed a civil appeal against Shekhar Resorts Ltd & Ors before the Supreme Court of India. The appeal, Civil Appeal No 4220 of 2020, challenged an order from the National Company Law Appellate Tribunal (NCLAT) dated September 14, 2020, concerning Company Appeal (AT) (Insolvency) No 689 of 2020. The Supreme Court heard the appeal on January 12, 2021, and dismissed it, thereby upholding the NCLAT's order. The appellant sought exemption from filing a certified copy of the impugned judgment and ex-parte stay, and permission to file additional documents. These applications were also disposed of.

## Issues and analysis

### Issue 1: Whether the Supreme Court should interfere with the order of the National Company Law Appellate …

**Ratio:** The Supreme Court has the discretion to interfere with orders of lower tribunals or

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**Reasoning:** The Supreme Court stated that it was 'not inclined to interfere' with the NCLAT's order.

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**Interpretation:** The Supreme Court's decision reflects a general principle of judicial review,

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**Application:** In this specific case, the Supreme Court applied the principle of deference to

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## Parties

- **Judges:** Dr Dhananjaya Y…; SANJIV K…
- **Appellants:** Chandra Shekhar…
- **Respondents:** Shekhar Resorts…

## Timeline

- **2020-09-14 — NCLAT Or…**: The National Company Law Appellate Tribunal (NCLAT) issued an order in Company Appeal…
- **2020-01-01 — Civil Appea…**: Civil Appeal No 4220 of 2020 was…

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