# In the matter of Jaypee Kensington Boulevard Apartments Welfare Association & Ors. Vs. NBCC (India) Ltd. & Ors. Civil Appeal Diary No(s). 14741-2020

> SC judgment dated 2020-08-06. Citation: TCN-2020-SC-00049. The case involves a civil appeal against a final judgment and order dated 2020-04-22 passed by the…

- **Court:** SC
- **Order date:** 6 Aug 2020
- **Citation:** TCN-2020-SC-00049
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/jaypee-kensington-boulevard-apartments-welfare-association-ors-vs-nbcc-5ef9fc92

## Summary

### Background

The case involves a civil appeal against a final judgment and order dated 2020-04-22 passed by the National Company Law Appellate Tribunal (NCLAT). Several Company Appeals (AT) (Insolvency) are withdrawn from NCLAT to the Supreme Court to avoid further delay in the execution of the scheme.

## Facts

Jaypee Kensington Boulevard Apartments Welfare Association & Ors. filed a civil appeal against NBCC (India) Ltd & Ors. arising from a judgment passed by the National Company Law Appellate Tribunal (NCLAT). Several Company Appeals (AT) (Insolvency) pending before NCLAT were withdrawn to the Supreme Court to expedite the execution of the scheme. The court directed the transfer of these cases to the Supreme Court and granted an interim stay on the operation of the impugned order. The Interim Resolution Professional was directed to continue managing the affairs of the subject company. The case is listed for further hearing on 2020-08-31.

## Issues and analysis

### Issue 1: Whether the appeals pending before the National Company Law Appellate Tribunal (NCLAT) should be …

**Ratio:** The Supreme Court has the power to transfer cases pending before other courts or

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**Reasoning:** The court agreed to the request to withdraw the cases from NCLAT to avoid further delay

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**Interpretation:** This demonstrates the Supreme Court's authority to consolidate related cases

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**Application:** The court applied this principle by directing the transfer of the cases from

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## Parties

- **Judges:** A.M. KHAN…; DINESH MAHE…
- **Appellants:** JAYPEE KENSINGTON…
- **Respondents:** NBCC (INDIA) LTD…

## Timeline

- **2020-04-22 — Impugned Ord…**: Date of the final judgment and order passed by the National Company Law Appellate…
- **2020-08-06 — Hearing…**: The petition was called…

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