# In the matter of Justice (Retd.) Jarat Kumar Jain & Ors. Vs. Bishal Jaiswal and Ors. Civil Appeal No. 670 of 2021 @ Diary No. 3339 of 2021

> SC judgment dated 2021-02-19. Citation: TCN-2021-SC-00073. The case arises from an impugned final judgment and order dated 2020-12-22 in CAAT(I) No. 385/2020…

- **Court:** SC
- **Order date:** 19 Feb 2021
- **Citation:** TCN-2021-SC-00073
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/justice-retd-jarat-kumar-jain-ors-vs-bishal-jaiswal-and-ors-civil-appeal-no-670-87cf76b4

## Summary

### Background

The case arises from an impugned final judgment and order dated 2020-12-22 in CAAT(I) No. 385/2020 passed by the National Company Law Appellate Tribunal. The appeal was regarding observations made against the Members of the Tribunal that were set out at pages F & G in the Appeal.

## Facts

The Civil Appeal Diary No(s). 3339/2021 was called for hearing on 2021-02-19. The appeal arose from a final judgment and order dated 2020-12-22 passed by the National Company Law Appellate Tribunal in CAAT(I) No. 385/2020. The Supreme Court granted permission to file the appeal and disposed of it in terms of the signed order. The observations made against the Members of the Tribunal that were set out at pages F & G in the Appeal were expunged.

## Issues and analysis

### Issue 1: Whether the observations made against the Members of the Tribunal should be expunged from the …

**Ratio:** The court has the authority to expunge remarks or observations that are deemed

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**Reasoning:** The court, after hearing the learned Senior Counsel for the appellant, formed the view

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**Interpretation:** This issue involves the interpretation of the court's power to regulate the

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**Application:** In this specific case, the court applied its authority to expunge the

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## Parties

- **Judges:** ROHINTON FALI…; B.R. G…
- **Appellants:** (RETD.) JARAT…
- **Respondents:** BISHAL JAISWAL &…

## Timeline

- **2020-12-22 — NCLAT Or…**: Final judgment and order passed by the National Company Law Appellate Tribunal in CAAT(I)…
- **2021-02-19 — Supreme Court…**: The Civil Appeal was called on for hearing. The court granted permission to file the…

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