# In the matter of Gluckrich Capital Pvt. Ltd. vs. State of West Bengal & Ors.

> SC judgment dated 2023-02-24. Citation: TCN-2023-SC-00094. The case involves multiple petitions challenging proceedings initiated against the petitioners.…

- **Court:** SC
- **Order date:** 24 Feb 2023
- **Citation:** TCN-2023-SC-00094
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/gluckrich-capital-pvt-ltd-vs-state-of-west-bengal-ors-0e511960

## Summary

### Background

The case involves multiple petitions challenging proceedings initiated against the petitioners. Gluckrich Capital Pvt. Ltd. filed a Special Leave Petition (Criminal) challenging an interim order passed by the Delhi High Court. Shiv Kumar & Anr. filed another Special Leave Petition (Criminal) seeking quashing of a First Information Report (FIR). Shiv Kumar & Anr. also filed a Writ Petition (Criminal) seeking similar relief. The petitioners in the second SLP are suspended directors of Leading Hotels Limited (LHL), against whom an FIR was lodged. The petitioners in the writ petition also sought quashing of an FIR.

## Facts

Gluckrich Capital Pvt. Ltd., an unsecured financial creditor of Leading Hotels Limited (LHL), filed a Special Leave Petition challenging an interim order dated 30.11.2022 passed by the Delhi High Court in Criminal M.C. No. 6408 of 2022. This order extended the transit anticipatory bail granted to Respondent Nos. 3 to 5, who are suspended directors of LHL. Insolvency proceedings are pending against LHL under the Insolvency and Bankruptcy Code, 2016. During the pendency of these proceedings before the National Company Law Tribunal (NCLT), an order was passed directing the Resolution Professional not to proceed with the approval of the resolution plan, which was later vacated. Gluckrich Capital preferred an appeal against this order before the National Company Law

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## Issues and analysis

### Issue 1: Whether the Supreme Court should interfere with the interim order passed by the Delhi High Court in …

**Ratio:** The Supreme Court generally refrains from interfering with proceedings pending before the

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**Reasoning:** The Court noted that the petitioner, Gluckrich Capital Pvt. Ltd., was neither an

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**Interpretation:** This reflects the principle of judicial restraint and deference to the

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**Application:** The Court applied this principle to the facts of the case, finding that there

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## Parties

- **Judges:** KRISHNA M…; Ahsanuddin…
- **Appellants:** GLUCKRICH CAPITAL…
- **Respondents:** Leading Hotels…; STATE OF WEST…

## Timeline

- **2022-11-30 — Delhi High Court…**: Delhi High Court passed an interim order in Criminal M.C. No. 6408/2022 extending the…
- **2022-09-13 — NCLAT Or…**: National Company Law Appellate…

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