# In the matter of Insolvency and Bankruptcy Board of India Vs. Committee of Creditors of Amtek Auto Ltd. & Ors. etc. Civil Appeal Diary No. 32731-2019

> SC judgment dated 2019-09-23. Citation: TCN-2019-SC-00023. This is a Civil Appeal Diary case before the Supreme Court of India arising out of a final judgment…

- **Court:** SC
- **Order date:** 23 Sept 2019
- **Citation:** TCN-2019-SC-00023
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/insolvency-and-bankruptcy-board-of-india-vs-committee-of-creditors-of-amtek-auto-e47b12cf

## Summary

### Background

This is a Civil Appeal Diary case before the Supreme Court of India arising out of a final judgment and order dated 16-08-2019 in CAAT No. 219/2019, CAAT No. 442/2019, and CAAT No. 443/2019 passed by the National Company Law Appellate Tribunal. The case involves the Insolvency and Bankruptcy Board of India as the petitioner and the Committee of Creditors of Amtek Auto Ltd & Ors.etc. as the respondent. Several applications were filed, including those for exemption from filing a certified copy of the impugned judgment, stay application, intervention/impleadment, permission to file appeal, and permission to file additional documents/facts/annexures.

## Facts

The Insolvency and Bankruptcy Board of India (IBBI) filed a civil appeal against the Committee of Creditors of Amtek Auto Ltd & Ors.etc. The appeal arises from a final judgment and order dated 16-08-2019 passed by the National Company Law Appellate Tribunal (NCLAT) in CAAT No. 219/2019, CAAT No. 442/2019, and CAAT No. 443/2019. The IBBI sought permission to file the appeal, a stay on the NCLAT's judgment, and permission to file additional documents. The Supreme Court granted permission to file the appeal, issued notice, and stayed the operation and implementation of the impugned judgment. The court also directed the parties to maintain the status quo regarding the criminal prosecution in the case. The case was tagged with Civil Appeal No. 6707 of 2019, scheduled

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## Issues and analysis

### Issue 1: Whether the Supreme Court should grant permission to file the appeal against the order of the …

**Ratio:** The Supreme Court has the discretionary power to grant permission to file an appeal based

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**Reasoning:** The court considered the arguments presented and determined that there was sufficient

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**Interpretation:** The interpretation of the appellate jurisdiction of the Supreme Court allows it

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**Application:** The court applied its discretionary power and granted permission to file the

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## Parties

- **Judges:** Arun Mi…; S. Ravindr…
- **Appellants:** Insolvency and…
- **Respondents:** Amtek Aut…; COMMITTEE OF…

## Timeline

- **2019-08-16 — Final Judgment and…**: The National Company Law Appellate Tribunal (NCLAT) passed a final judgment and order in…
- **2019-09-23 — Supreme Court…**: The Supreme Court heard the petition filed by the Insolvency and Bankruptcy Board of…

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