# In the matter of EMTA Coal Limited vs. Phoenix ARC Private Limited & Anr.

> SC judgment dated 2024-08-05. Citation: TCN-2024-SC-00044. The case involves civil appeals brought before the Supreme Court of India. The appeals challenge a…

- **Court:** SC
- **Order date:** 5 Aug 2024
- **Citation:** TCN-2024-SC-00044
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/emta-coal-limited-vs-phoenix-arc-private-limited-anr-1984f9c7

## Summary

### Background

The case involves civil appeals brought before the Supreme Court of India. The appeals challenge a view taken by the National Company Law Appellate Tribunal (NCLAT).

## Facts

EMTA Coal Limited filed civil appeals against Phoenix ARC Private Limited & Anr. The appeals challenged a view taken by the National Company Law Appellate Tribunal. The Supreme Court heard the learned counsel for the appellant and concurred with the view of the NCLAT. Consequently, the Supreme Court dismissed the civil appeals. The case also involved applications for interim relief and exemption from filing a certified copy of the impugned judgment, which were disposed of along with the appeals.

## Issues and analysis

### Issue 1: Whether the Supreme Court should overturn the view taken by the National Company Law Appellate …

**Ratio:** The Supreme Court defers to the view taken by the National Company Law Appellate Tribunal

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**Reasoning:** The Supreme Court explicitly stated that it concurred with the view taken by the National

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**Interpretation:** This case demonstrates the Supreme Court's practice of respecting the expertise

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**Application:** In this specific case, the Supreme Court applied the principle of deference to

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## Parties

- **Judges:** ABHAY S…; AUGUSTINE GEORGE…
- **Appellants:** EMTA COAL L…
- **Respondents:** Phoenix Arc…

## Timeline

- **2024-08-05 — Hearing…**: The civil appeals were called on for…
- **2024-08-05 — Order Da…**: The Supreme Court dismissed the civil appeals in terms of the signed order. Pending…

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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/emta-coal-limited-vs-phoenix-arc-private-limited-anr-1984f9c7
