# In the matter of D. R. Balkrishna Raja Vs. Indian Bank & Anr. Civil Appeal no. 1616-2018

> SC judgment dated 2018-03-23. Citation: TCN-2018-SC-00072. The case involves an appeal before the Supreme Court of India. The respondent's counsel submitted…

- **Court:** SC
- **Order date:** 23 Mar 2018
- **Citation:** TCN-2018-SC-00072
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/d-r-balkrishna-raja-vs-indian-bank-anr-civil-appeal-no-1616-2018-b0957f1d

## Summary

### Background

The case involves an appeal before the Supreme Court of India. The respondent's counsel submitted that the matter should be sent back to the Tribunal for consideration of the admission of the insolvency application after issuing limited notice to the Corporate Debtor. A prior decision of the Court in Innoventive Industries Limited vs. ICICI Bank and another was referenced.

## Facts

The appellant, D.R. Balkrishna Raja, filed a civil appeal against the respondent, Indian Bank & Anr. The respondent's counsel requested that the matter be remanded to the Tribunal for reconsideration of the insolvency application, ensuring limited notice to the Corporate Debtor. The Court considered this request, referencing the case of Innoventive Industries Limited vs. ICICI Bank and another. The appeal was subsequently allowed, the orders of the NCLAT and Adjudicating Authority were set aside, and the matter was remanded to the Adjudicating Authority in Chennai for de novo consideration, with the condition of issuing limited notice to the corporate debtor.

## Issues and analysis

### Issue 1: Whether the matter should be remanded to the Adjudicating Authority for a fresh consideration of …

**Ratio:** The ratio is based on the principle that a matter can be remanded for de novo

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**Reasoning:** The Court reasoned that remanding the matter would allow for a fresh consideration of the

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**Interpretation:** The interpretation involves the Court's power to correct errors or omissions in

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**Application:** The Court applied this ratio by setting aside the orders of the NCLAT and the

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## Parties

- **Judges:** Ranjan…; R. BANU…
- **Appellants:** D.R. BALKRISHNA…
- **Respondents:** Indian Bank…
- **Other parties:** Over Tu…

## Timeline

- **2018-03-23 — Order Da…**: The Supreme Court allowed the appeal, set aside the order of the National Company Law…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 1(2018) — Short title, extent and commencement](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-1)

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