# In the matter of Darshan Gandhi, ex-Director Lok Housing and Construction Ltd. Vs USV Pvt. Ltd.

> SC judgment dated 2019-10-25. Citation: TCN-2019-SC-00015. The case involves a civil appeal before the Supreme Court of India. The CoC (Committee of…

- **Court:** SC
- **Order date:** 25 Oct 2019
- **Citation:** TCN-2019-SC-00015
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/darshan-gandhi-ex-director-lok-housing-and-construction-ltd-vs-usv-pvt-ltd-8a58fd88

## Summary

### Background

The case involves a civil appeal before the Supreme Court of India. The CoC (Committee of Creditors) has been constituted, and the matter is proceeding. However, the CoC's decision is not to be implemented until the appeal is decided by the NCLAT (National Company Law Appellate Tribunal). The NCLAT has a hearing date fixed for 14.11.2019.

## Facts

Darshan Gandhi, Ex Director of Lok Housing and Constructions Ltd., filed a civil appeal against USV Private Limited & ANR. before the Supreme Court of India. The CoC has been constituted, but its decision is pending implementation until the NCLAT decides on the appeal. The NCLAT has a hearing scheduled for November 14, 2019. The Supreme Court requested the NCLAT to dispose of the matter by the end of November 2019. The Supreme Court then disposed of the appeal.

## Issues and analysis

### Issue 1: Whether the Supreme Court should intervene …

**Ratio:** The Supreme Court generally avoids interfering with matters that are properly within the

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**Reasoning:** The Supreme Court's decision to dispose of the appeal while requesting the NCLAT to

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**Interpretation:** This reflects a principle of judicial economy and respect for the hierarchical

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**Application:** In this specific case, the Supreme Court applied this principle by not directly

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## Parties

- **Judges:** Arun Mi…; S. Ravindr…
- **Appellants:** DARSHAN G…
- **Respondents:** Lok Housing and…; USV Private…
- **Advocates:** Jaideep…; Vikas M…; +8 more

## Timeline

- **2019-10-25 — Appeal He…**: The civil appeal was called for…
- **2019-11-14 — NCLAT Heari…**: The next date fixed before…

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