# In the matter of Gajendra Sharma Vs. Union of India and Anr. Writ Petition(s)(Civil) No(s). 825/2020

> SC judgment dated 2020-09-03. Citation: TCN-2020-SC-00040. This is a Writ Petition(s)(Civil) case before the Supreme Court of India. The case involves…

- **Court:** SC
- **Order date:** 3 Sept 2020
- **Citation:** TCN-2020-SC-00040
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/gajendra-sharma-vs-union-of-india-and-anr-writ-petition-3da84b85

## Summary

### Background

This is a Writ Petition(s)(Civil) case before the Supreme Court of India. The case involves multiple IAs (Interlocutory Applications) related to exemptions from filing affidavits, appropriate orders/directions, intervention applications, and permission to file additional documents. Several Writ Petitions are clubbed together for hearing. The core issue revolves around the declaration of accounts as Non-Performing Assets (NPA).

## Facts

The case involves a Writ Petition before the Supreme Court concerning the declaration of accounts as Non-Performing Assets (NPA). Several Interlocutory Applications (IAs) have been filed, including applications for exemption from filing affidavits, appropriate orders/directions, intervention/impleadment, and permission to file additional documents. Mr. Tushar Mehta, the Solicitor General, requested an adjournment, and Mr. Harish Salve, a Senior Advocate, submitted that no account should be declared NPA for at least two months. The court considered these submissions and issued an interim order.

## Issues and analysis

### Issue 1: Whether the accounts which were not declared NPA till 31.08.2020 shall be declared NPA till further …

**Ratio:** The ratio is based on the principle of providing interim relief and maintaining the

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**Reasoning:** The Court reasoned that in view of the submissions made by the Senior Advocate, it was

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**Interpretation:** This legal issue involves the interpretation of banking regulations and the

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**Application:** The ratio and reasoning are applied to the specific facts of the case, where

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## Parties

- **Judges:** Ashok Bh…; R. Subhash…; +1 more
- **Appellants:** Gajendra…
- **Respondents:** Union of…
- **Other parties:** Over Tu…

## Timeline

- **2020-09-03 — Hearing…**: The matters were called…
- **2020-08-31 — NPA Declaration…**: Accounts not declared NPA until this date shall…

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