# In the matter of Committee of Creditors of Essar Steel India Limited Through Authorised Signatory Vs. Satish Kumar Gupta & Anr. Civil Appeal Diary No(s). 24417-2019

> SC judgment dated 2019-08-07. Citation: TCN-2019-SC-00041. The case arises from a civil appeal against a final judgment and order dated 04-07-2019 in CAAT No.…

- **Court:** SC
- **Order date:** 7 Aug 2019
- **Citation:** TCN-2019-SC-00041
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/committee-of-creditors-of-essar-steel-india-limited-through-authorised-signatory-8ab4cbf5

## Summary

### Background

The case arises from a civil appeal against a final judgment and order dated 04-07-2019 in CAAT No. 257/2019 and CAAT No. 265/2019, passed by the National Company Law Appellate Tribunal (NCLAT). During the hearing of the appeals, the court was informed about large-scale amendments to the Insolvency and Bankruptcy Code, 2016, passed by both Houses of Parliament. The respondents' counsel expressed concerns about these amendments and sought to challenge some provisions of the new Amendment Act.

## Facts

The Committee of Creditors of Essar Steel India Limited, through its authorized signatory, filed a civil appeal against Satish Kumar Gupta & Anr. The appeal arose from a final judgment and order passed by the National Company Law Appellate Tribunal (NCLAT) in CAAT No. 257/2019 and CAAT No. 265/2019, both dated 04-07-2019. During the hearing, the court was informed about large-scale amendments to the Insolvency and Bankruptcy Code, 2016. The respondents' counsel expressed concerns and sought to challenge some provisions of the new Amendment Act. The court allowed an application for impleadment and directed the registry to list the matters along with Writ Petitions on August 19, 2019. The Attorney General for India was requested to appear for further directions.

## Issues and analysis

### Issue 1: Whether the amendments to the Insolvency and …

**Ratio:** The validity of legislative amendments is generally presumed unless proven otherwise.

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**Reasoning:** The court acknowledged the amendments to the Insolvency and Bankruptcy Code, 2016, and

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**Interpretation:** The interpretation of the amendments involves examining their compliance with

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**Application:** The ratio applies to the specific facts by requiring the court to assess

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## Parties

- **Judges:** ROHINTON FALI…; SURYA…
- **Appellants:** Committee of…
- **Respondents:** Essar Steel India…; SATISH KUMAR…

## Timeline

- **2019-07-04 — Impugned Judgment and…**: Final judgment and order passed by the National Company Law Appellate Tribunal (NCLAT) in…
- **2019-08-07 — Hearing…**: The matters were called…

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