# In the matter of Jalan Fritsch Consortium vs. Regional Provident Fund Commissioner & Anr.

> SC judgment dated 2023-01-30. Citation: TCN-2023-SC-00098. The case involves a civil appeal against an order of the National Company Law Appellate Tribunal…

- **Court:** SC
- **Order date:** 30 Jan 2023
- **Citation:** TCN-2023-SC-00098
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/jalan-fritsch-consortium-vs-regional-provident-fund-commissioner-anr-98c2e9c3

## Summary

### Background

The case involves a civil appeal against an order of the National Company Law Appellate Tribunal (NCLAT). The NCLAT order was dated 21 October 2022, and it was clarified by an order dated 2 December 2022. The specific Company Appeal (AT) (Ins) numbers involved are 987, 643, 801, 915, and 771, all from 2022. The Supreme Court is reviewing the NCLAT's decision.

## Facts

Jalan Fritsch Consortium filed a civil appeal against the Regional Provident Fund Commissioner & Anr. The appeal challenged an order by the National Company Law Appellate Tribunal (NCLAT) dated 21 October 2022, which was later clarified on 2 December 2022. The NCLAT order pertained to Company Appeal (AT) (Ins) Nos 987, 643, 801, 915 and 771 of 2022. The Supreme Court heard the appeal on January 30, 2023.

## Issues and analysis

### Issue 1: Whether the order of the National Company Law Appellate Tribunal dated 21 October 2022 read with …

**Ratio:** The Supreme Court has the authority to review and correct errors in the orders of lower

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**Reasoning:** The Supreme Court reviewed the NCLAT's order and the arguments presented by the parties.

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**Interpretation:** The Supreme Court's interpretation of the NCLAT order suggests that the

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**Application:** Since the Supreme Court found no error in the NCLAT's order, the ratio is

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## Parties

- **Judges:** Dr Dhananjaya Y…; PAMIDIGHANTAM SRI…; +1 more
- **Appellants:** Jalan Fritsch…
- **Respondents:** Regional Provident…

## Timeline

- **2022-10-21 — NCLAT Or…**: The National Company Law Appellate Tribunal issued an order in Company Appeal (AT) (Ins)…
- **2022-12-02 — Clarificatio…**: A clarification order was issued…

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