# In the matter of Kanakabha Ray vs. Narayan Chandra Saha & Ors. Civil Appeal No(s). 3248/2020

> SC judgment dated 2020-09-30. Citation: TCN-2020-SC-00026. This is a civil appeal before the Supreme Court of India against an order passed by the National…

- **Court:** SC
- **Order date:** 30 Sept 2020
- **Citation:** TCN-2020-SC-00026
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/kanakabha-ray-vs-narayan-chandra-saha-ors-civil-appeal-no-efd519ad

## Summary

### Background

This is a civil appeal before the Supreme Court of India against an order passed by the National Company Law Appellate Tribunal (NCLAT), New Delhi. The NCLAT order pertains to a Company Appeal (AT) (Insolvency) No.687 of 2020. The appellant is challenging the NCLAT's decision. The Committee of Creditors of the Company has already acted upon the impugned decision by appointing a new Resolution Professional.

## Facts

Kanakabha Ray filed a civil appeal against Narayan Chandra Saha & Ors. before the Supreme Court of India, challenging an order passed by the National Company Law Appellate Tribunal (NCLAT), New Delhi, in Company Appeal (AT) (Insolvency) No.687 of 2020. The Supreme Court heard the arguments from both parties. The Committee of Creditors of the Company had already acted upon the impugned decision by appointing a new Resolution Professional. The appellant, Kanakabha Ray, potentially has claims against the company for professional fees or expenses.

## Issues and analysis

### Issue 1: Whether the Supreme Court should interfere with the impugned decision dated 18.08.2020 passed by …

**Ratio:** The Supreme Court generally refrains from interfering with decisions of lower appellate

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**Reasoning:** The Supreme Court stated that it was not inclined to interfere with the NCLAT's decision,

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**Interpretation:** This indicates a deference to the expertise and findings of the NCLAT in

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**Application:** In this specific case, the Supreme Court found no reason to overturn the

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## Parties

- **Judges:** A.M. KHAN…; B.R. G…; +1 more
- **Appellants:** Kanakabh…
- **Respondents:** NARAYAN CHANDRA…
- **Other parties:** Affir…

## Timeline

- **2020-08-18 — Impugned Decis…**: Date of the impugned decision passed by the National Company Law Appellate Tribunal, New…
- **2020-09-30 — Hearing…**: Date on which the matter was called for…

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