# In the matter of Committee of Creditors of Amtek Auto Limited Vs Dinkar T. Venkarsubramanian Civil Appeal No.(s) 6707-2019

> SC judgment dated 2019-09-06. Citation: TCN-2019-SC-00031. The case involves a civil appeal filed against the Committee of Creditors of Amtek Auto Limited…

- **Court:** SC
- **Order date:** 6 Sept 2019
- **Citation:** TCN-2019-SC-00031
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/committee-of-creditors-of-amtek-auto-limited-vs-dinkar-t-venkarsubramanian-civil-df617cca

## Summary

### Background

The case involves a civil appeal filed against the Committee of Creditors of Amtek Auto Limited through Corporation Bank. The appeal concerns admission and an ex-parte stay application (IA No.132027/2019), as well as a permission to file additional documents/facts/annexures (IA No.132530/2019).

## Facts

The Committee of Creditors of Amtek Auto Limited, represented by Corporation Bank, is involved in a legal dispute. An appeal was filed, along with applications for an ex-parte stay and permission to file additional documents. The Supreme Court heard the appeal on 06-09-2019. The key fact is that the court has ordered a stay on the liquidation proceedings, indicating a potential challenge to the ongoing insolvency resolution process. The relevance of this fact is that it impacts the immediate future of Amtek Auto Limited's insolvency proceedings and the interests of all stakeholders involved.

## Issues and analysis

### Issue 1: Whether the liquidation proceedings of Amtek Auto …

**Ratio:** The court has the power to grant a stay on proceedings to maintain the status quo and

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**Reasoning:** The court reasoned that a stay was necessary to prevent the liquidation proceedings from

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**Interpretation:** The interpretation of the power to grant a stay involves balancing the

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**Application:** In this case, the court applied the principle of granting a stay to prevent

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## Parties

- **Judges:** Arun Mi…; M.R.…
- **Appellants:** Committee of…
- **Respondents:** Amtek Auto…; Dinkar T.…

## Timeline

- **2019-09-06 — Hearing…**: The appeal was called on for…
- **2019-09-06 — Stay Ord…**: The Supreme Court ordered that the liquidation proceedings remain stayed until further…

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