# GAGAN CHHABRA vs. SMS VISHWA JV

> SC judgment dated 2025-08-25. Citation: TCN-2025-SC-00127. An appeal was filed before the Supreme Court challenging a view taken by the National Company Law…

- **Court:** SC
- **Order date:** 25 Aug 2025
- **Citation:** TCN-2025-SC-00127
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/gagan-chhabra-vs-sms-vishwa-jv-jtezj

## Summary

### Background

An appeal was filed before the Supreme Court challenging a view taken by the National Company Law Appellate Tribunal (NCLAT), New Delhi, concerning the interpretation and application of Sections 3(7), 3(8), and 9 of the Insolvency and Bankruptcy Code, 2016.

## Facts

A Civil Appeal, No. 10218/2025, was filed before the Supreme Court of India.

The appeal challenged a view taken by the National Company Law Appellate Tribunal (NCLAT), New Delhi.

The NCLAT's view pertained to the provisions of Sections 3(7), 3(8), and 9 of the Insolvency and Bankruptcy Code, 2016.

The Supreme Court considered the provisions of the aforementioned sections of the IBC.

## Issues and analysis

### Issue 1: Whether the National Company Law Appellate Tribunal, New Delhi, erred in its view regarding the …

**Ratio:** The Supreme Court will not interfere with a decision of the National Company Law

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**Reasoning:** The Supreme Court, after having regard to the specific provisions of Sections 3(7), 3(8),

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**Interpretation:** Sections 3(7), 3(8), and 9 of the IBC, 2016, were interpreted in a manner that

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**Application:** The Supreme Court applied its interpretation of the IBC sections to the NCLAT's

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## Parties

- **Judges:** Manoj M…; UJJAL B…
- **Appellants:** GAGAN CH…
- **Respondents:** SMS VISH…
- **Advocates:** Nizam P…; Awstika…; +17 more

## Timeline

- **2025-08-25 — Order Is…**: The Supreme Court issued an order dismissing Civil Appeal No. 10218/2025 and disposing of…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 3(7) — Definitions](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-3)

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