# In the matter of Insolvency and Bankruptcy Board of India vs. Rakesh Wadhwa & Anr. etc.

> SC judgment dated 2023-09-11. Citation: TCN-2023-SC-00044. The case involves a Transfer Petition (Civil) with numbers 2239-2260/2023 before the Supreme Court…

- **Court:** SC
- **Order date:** 11 Sept 2023
- **Citation:** TCN-2023-SC-00044
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/insolvency-and-bankruptcy-board-of-india-vs-rakesh-wadhwa-anr-etc-d2be269d

## Summary

### Background

The case involves a Transfer Petition (Civil) with numbers 2239-2260/2023 before the Supreme Court of India. The matter pertains to the Insolvency and Bankruptcy Board of India. The case was called for hearing on 11-09-2023. It also involves an application for ex-parte stay and permission to file a lengthy list of dates.

## Facts

The Supreme Court is hearing a Transfer Petition (Civil) related to the Insolvency and Bankruptcy Board of India. The case numbers are 2239-2260/2023. The matter was called for hearing on 2023-09-11. The court has issued a notice returnable in January 2024. The notice is to be served by all modes, including dasti. The High Court proceedings are to continue in the meantime, and pleadings are to be completed. Rakesh Wadhwa & Anr. etc. are the petitioners.

## Issues and analysis

### Issue 1: Whether the transfer …

**Ratio:** The court has the power to transfer

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**Reasoning:** The court issued a notice returnable in January 2024, indicating that it will consider

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**Interpretation:** The issuance of notice implies that the court acknowledges the potential merit

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**Application:** The court will determine whether the transfer petition should be allowed based

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## Parties

- **Judges:** SANJIV K…; S.V.N. B…
- **Appellants:** RAKESH W…
- **Advocates:** Madhavi…; Vikas M…; +4 more

## Timeline

- **2023-09-11 — Hearing…**: The matters were called…
- **2024-01-01 — Notice Retu…**: Issue notice returnable in…

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