# In the matter of Daiichi Sankyo Company Limited Vs. Oscar Investment Limited & Ors. Appeal (C) No. 20417-2017

> SC judgment dated 2019-04-05. Citation: TCN-2019-SC-00081. This is a Petition for Special Leave to Appeal (C) No. 20417/2017 arising out of a final judgment…

- **Court:** SC
- **Order date:** 5 Apr 2019
- **Citation:** TCN-2019-SC-00081
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/daiichi-sankyo-company-limited-vs-oscar-investment-limited-ors-appeal-c75c22a9

## Summary

### Background

This is a Petition for Special Leave to Appeal (C) No. 20417/2017 arising out of a final judgment and order dated 21-06-2017 passed by the High Court of Delhi in CCPO No. 21/2017. The case involves M/S Daiichi Sankyo Company Limited as the petitioner and Oscar Investments Limited & Ors. as respondents. The court is also hearing Contempt Petition (C) No. 2120/2018 in SLP(C) No. 20417/2017. Several I.A.s (Interlocutory Applications) are also being considered, including those for disposal, intervention, permission to file additional documents, and modification.

## Facts

M/S Daiichi Sankyo Company Limited filed a Petition for Special Leave to Appeal (C) No. 20417/2017 against the final judgment and order dated 21-06-2017 passed by the High Court of Delhi in CCPO No. 21/2017. Oscar Investments Limited & Ors. are the respondents. A Contempt Petition (C) No. 2120/2018 in SLP(C) No. 20417/2017 is also being heard. The court is also considering several I.A.s. The respondents Mr. Malvinder Mohan Singh and Mr. Shivinder Mohan Singh were directed to be personally present for the next hearing. Further proceedings in several Company Petitions related to Religare Finvest, pending before the National Company Law Tribunal, shall remained stayed until further orders. ICICI Bank Ltd. has filed an intervention application.

## Issues and analysis

### Issue 1: Whether the Supreme Court should grant special leave to appeal against the High Court of Delhi's …

**Ratio:** The grant of special leave to appeal is discretionary and depends on the presence of a

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**Reasoning:** The court will examine the impugned judgment and order of the High Court to determine if

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**Interpretation:** The Supreme Court's power to grant special leave to appeal is interpreted to

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**Application:** The court will assess the High Court's judgment in CCPO No. 21/2017 to

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## Parties

- **Judges:** THE CHIEF J…; DEEPAK…; +1 more
- **Appellants:** M/S DAIICHI…
- **Respondents:** OSCAR INVESTMENTS…

## Timeline

- **2017-06-21 — High Court…**: Final judgment and order passed by the High Court of Delhi in CCPO No. 21/2017, which is…
- **2017-01-01 — SLP File…**: Petition for Special Leave to…

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