# In the matter of Dinesh Kumar & Ors. Vs. Sushil Ansal & Ors. Civil Appeal Diary No(s). 20399/2020

> SC judgment dated 2020-10-09. Citation: TCN-2020-SC-00023. The case arises from an impugned final judgment and order dated 14-08-2020 in CAAT(I) No. 452/2020…

- **Court:** SC
- **Order date:** 9 Oct 2020
- **Citation:** TCN-2020-SC-00023
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/dinesh-kumar-ors-vs-sushil-ansal-ors-civil-appeal-diary-no-c55ac837

## Summary

### Background

The case arises from an impugned final judgment and order dated 14-08-2020 in CAAT(I) No. 452/2020 passed by the National Company Law Appellate Tribunal. The appellants were removed from the Committee of Creditors based on the judgment in Sushil Ansal v Ashok Tripathi. The National Company Law Tribunal and the NCLAT are bound by this decision.

## Facts

The appellants were removed from the Committee of Creditors based on a judgment in 'Sushil Ansal v Ashok Tripathi' by the National Company Law Appellate Tribunal (NCLAT). The core issue is whether the appellants, as decree holders, meet the requirements to be part of the Committee of Creditors as financial creditors. The National Company Law Tribunal and NCLAT are bound by the 'Sushil Ansal v Ashok Tripathi' decision.

## Issues and analysis

### Issue 1: Whether the appellants, as decree holders, fulfill the norms prescribed for being a part of the …

**Ratio:** The ratio is based on the judgment of the National Company Law Appellate Tribunal in

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**Reasoning:** The court is considering whether the appellants, as decree holders, meet the criteria to

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**Interpretation:** The legal issue involves interpreting the criteria for being a financial

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**Application:** The ratio and reasoning apply to the specific facts of this case, where the

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## Parties

- **Judges:** Dr Dhananjaya Y…; Indu Mal…; +1 more
- **Appellants:** Dinesh…
- **Respondents:** Sh. Sushil…
- **Advocates:** Aditya Pa…; Piyush…; +4 more

## Timeline

- **2020-08-14 — Impugned Judgm…**: Date of the impugned final judgment and order in CAAT(I) No. 452/2020 passed by the…
- **2020-10-09 — Appeal Heari…**: The appeal was called on for hearing. Permission to file the appeal was granted, and the…

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