# In the matter of E.M. Najeeb Ellias Muhammed vs. Union Bank of India

> SC judgment dated 2024-04-22. Citation: TCN-2024-SC-00076. This is a civil appeal filed by E.M. Najeeb Ellias Mohammed against Union Bank of India. The appeal…

- **Court:** SC
- **Order date:** 22 Apr 2024
- **Citation:** TCN-2024-SC-00076
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/em-najeeb-ellias-muhammed-vs-union-bank-of-india-9a682727

## Summary

### Background

This is a civil appeal filed by E.M. Najeeb Ellias Mohammed against Union Bank of India. The appeal challenges an impugned judgment and seeks a stay application. The case was called for hearing on April 22, 2024.

## Facts

E.M. Najeeb Ellias Mohammed filed a civil appeal against Union Bank of India challenging an impugned judgment and seeking a stay application. The Supreme Court heard the appeal on April 22, 2024. The court directed the appellant to deposit Rs. 18.70 crores, with Rs. 5 crores to be deposited by the next day and the balance in equal monthly installments within five months, as a condition for staying the order passed by the NCLT, Kochi Bench, Kochi dated December 22, 2023. The appellant is restrained from creating encumbrances or third-party rights on the mortgaged immovable properties. The respondent-Bank accepted the notice through its counsel, waiving the service.

## Issues and analysis

### Issue 1: Whether the appellant is entitled to a stay on the order passed by the NCLT, Kochi Bench, Kochi …

**Ratio:** The court has the power to grant a stay on orders passed by lower courts or tribunals,

…

**Reasoning:** The court considered the appellant's request for a stay and imposed a condition that the

…

**Interpretation:** The power to grant a stay is discretionary and is exercised based on the facts

…

**Application:** In this case, the court granted a conditional stay, requiring the appellant to

…

## Parties

- **Judges:** SURYA…; PAMIDIGHANTAM SRI…
- **Appellants:** E.M. NAJEEB…
- **Respondents:** Union Bank of…

## Timeline

- **2023-12-22 — NCLT Ord…**: Order passed by the…
- **2024-04-22 — Appeal He…**: The appeal was called on for…

---

This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/supreme-court-of-india/em-najeeb-ellias-muhammed-vs-union-bank-of-india-9a682727