# In the matter of Hindustan Construction Company Limited & Anr. Vs. Union of India & Ors. IA No. 139647 & 139405-2019 in Writ Petition(s) (Civil) No. 1074-2019

> SC judgment dated 2019-09-13. Citation: TCN-2019-SC-00030. The case involves IA No. 139647/2019 and IA No. 139405/2019 in Writ Petition(s)(Civil) No.…

- **Court:** SC
- **Order date:** 13 Sept 2019
- **Citation:** TCN-2019-SC-00030
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/hindustan-construction-company-limited-anr-vs-union-of-india-ors-ia-no-139647-13-cf07f6c2

## Summary

### Background

The case involves IA No. 139647/2019 and IA No. 139405/2019 in Writ Petition(s)(Civil) No. 1074/2019. The interlocutory applications were filed for two reliefs: to stay further proceedings before the National Company Law Tribunal (NCLT), and to direct respondent Nos. 5-8 - Union of India-National Highways Authority of India, NHPC Ltd., IRCON International Ltd. and NTPC Limited to pay off amounts due under the Awards of Arbitrators which have not been stayed by any Court, amounting to a sum of Rs.6,070 crores.

## Facts

Hindustan Construction Company Limited & Anr. filed a Writ Petition(s)(Civil) No. 1074/2019 along with IA No. 139647/2019 and IA No. 139405/2019. The interlocutory applications sought two reliefs: a stay on further proceedings before the National Company Law Tribunal (NCLT), and a direction to respondent Nos. 5-8 (Union of India-National Highways Authority of India, NHPC Ltd., IRCON International Ltd. and NTPC Limited) to pay amounts due under the Awards of Arbitrators, totaling Rs. 6,070 crores. Dr. Singhvi, representing the petitioner, stated that his client would pay the Operational Creditors Rs. 8.81 crores and Rs. 26.21 crores within 12 weeks. The court recorded this statement and issued notice to the respondents. The order was to be communicated orally to the

…

## Issues and analysis

### Issue 1: Whether the proceedings before the National …

**Ratio:** The court has the power to grant a stay on proceedings before lower tribunals or courts

…

**Reasoning:** The court considered the request for a stay on proceedings before the NCLT as one of the

…

**Interpretation:** The interpretation of the power to grant a stay involves balancing the need to

…

**Application:** The court did not explicitly grant or deny the stay in this order, but the fact

…

## Parties

- **Judges:** ROHINTON FALI…; SURYA…
- **Appellants:** Hindustan…
- **Respondents:** Union of…

## Timeline

- **2019-09-13 — Hearing…**: The matter was called…
- **2019-10-04 — Listing…**: The matter was listed…

---

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/hindustan-construction-company-limited-anr-vs-union-of-india-ors-ia-no-139647-13-cf07f6c2