# Deputy Director, Directorate of Enforcement vs. Shiv Charan

> SC judgment dated 2025-02-13. Citation: TCN-2025-SC-00049. The case involves a civil appeal (Nos. 9692-9693/2024) before the Supreme Court of India. The…

- **Court:** SC
- **Order date:** 13 Feb 2025
- **Citation:** TCN-2025-SC-00049
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/deputy-director-directorate-of-enforcement-vs-shiv-charan-a5916083

## Summary

### Background

The case involves a civil appeal (Nos. 9692-9693/2024) before the Supreme Court of India. The Deputy Director, Directorate of Enforcement is the appellant, and Shiv Charan & Ors. are the respondents. The case also involves SLP(C) No. 20174/2021, concerning an exemption from filing a certified copy of the impugned judgment. The matters were called for hearing on February 13, 2025.

## Facts

The Deputy Director, Directorate of Enforcement, filed a civil appeal (Nos. 9692-9693/2024) against Shiv Charan & Ors. before the Supreme Court of India. The case also involves SLP(C) No. 20174/2021, concerning an exemption from filing a certified copy of the impugned judgment. The Additional Solicitor General stated that an effort is being made to resolve the issue. The court adjourned the appeals until March 6, 2025, listing them at the top of the cause list. The court also noted that the remedy of appeal under Section 61 of the Insolvency and Bankruptcy Code, 2016 is available to the first respondent. The relevance of the facts lies in the ongoing effort to resolve the issue and the availability of legal remedies under the IBC.

## Issues and analysis

### Issue 1: Whether the court should grant an adjournment to …

**Ratio:** The court has the discretion to grant adjournments to facilitate the resolution of issues

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**Reasoning:** The court granted the adjournment based on the statement by the Additional Solicitor

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**Interpretation:** The court interpreted the situation as one where an adjournment would be

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**Application:** The court applied its discretion to grant an adjournment until March 6, 2025,

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## Parties

- **Judges:** ABHAY S…; UJJAL B…
- **Appellants:** DEPUTY DI…; Directorate of…
- **Respondents:** Shiv Charan…

## Timeline

- **2021-01-01 — Filing of SLP(C) No.…**: SLP(C) No. 20174/2021 was filed, seeking exemption from filing a certified copy of the…
- **2025-02-13 — Hearing…**: The matters were called…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 61 — Appeals and Appellate Authority](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-61)

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