# In the matter of Chandrani Banerjee vs. R.K. Arora & Ors.

> SC judgment dated 2023-11-03. Citation: TCN-2023-SC-00022. The Supreme Court of India is addressing contempt petitions arising from non-compliance with orders…

- **Court:** SC
- **Order date:** 3 Nov 2023
- **Citation:** TCN-2023-SC-00022
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/chandrani-banerjee-vs-rk-arora-ors-d0bc8eb1

## Summary

### Background

The Supreme Court of India is addressing contempt petitions arising from non-compliance with orders related to disbursement of funds to home buyers by Supertech Limited. The court is reviewing the progress of fund disbursement and addressing issues related to TDS deductions on interest payments. The case involves multiple contempt petitions and miscellaneous applications related to Civil Appeal No. 5041 of 2021.

## Facts

The Supreme Court is hearing contempt petitions related to Civil Appeal No 5041 of 2021. Mr. Gaurav Agrawal, Amicus Curiae, presented a note indicating Rs 1,26,29,968 has been disbursed to 15 home buyers. The court is addressing the remaining amounts to be paid to these buyers. The court notes that interest payments are subject to TDS under the Income Tax Act 1961. The IRP of Supertech Limited is directed to deposit Rs 75,22,773 by 15 January 2024, from the 30% designated RERA accounts of Supertech Limited. The court defers hearing other claims and contempt petitions for eight weeks, pending efforts in NCLAT to find an investor for the corporate debtor's projects. The court also directs that the TDS amount shall be deducted and deposited by Supertech Limited with the

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## Issues and analysis

### Issue 1: Whether Supertech Limited has complied with previous court orders regarding the disbursement of …

**Ratio:** The court has the authority to enforce its orders and ensure compliance, especially when

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**Reasoning:** The court is reviewing the progress of fund disbursement based on the note presented by

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**Interpretation:** The court interprets its previous orders as requiring Supertech Limited to make

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**Application:** The court is applying its authority to enforce compliance by directing the IRP

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## Parties

- **Judges:** Dr Dhananjaya Y…; J.B. PARD…; +1 more
- **Appellants:** Chandrani B…
- **Respondents:** Supertech L…; R.K. Arora…

## Timeline

- **2023-10-19 — NCLAT Or…**: Order by the National Company Law Appellate Tribunal (NCLAT) to explore the possibility…
- **2023-07-17 — Interim…**: Interim order passed by the Court which…

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