# In the matter of Kotak Mahindra Bank Limited Vs. Technology Development Board & Ors. Civil Appeal Diary No(s). 11060-2021

> SC judgment dated 2021-06-29. Citation: TCN-2021-SC-00037. The case arises out of an impugned final judgment and order dated 05-04-2021 in CAAT(I) No.…

- **Court:** SC
- **Order date:** 29 Jun 2021
- **Citation:** TCN-2021-SC-00037
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/kotak-mahindra-bank-limited-vs-technology-development-board-ors-civil-appeal-dia-bacf30f7

## Summary

### Background

The case arises out of an impugned final judgment and order dated 05-04-2021 in CAAT(I) No. 731/2020 passed by the National Company Law Appellate Tribunal.

## Facts

Kotak Mahindra Bank Limited filed a civil appeal against Technology Development Board & Ors. The appeal arises from a final judgment and order dated 05-04-2021 in CAAT(I) No. 731/2020 passed by the National Company Law Appellate Tribunal. The appellant sought admission, a stay application, and permission to file an appeal. The court heard the counsel and granted permission to file the appeal, issued notice, and stayed the operation of the impugned judgment and order passed by the National Company Law Appellate Tribunal.

## Issues and analysis

### Issue 1: Whether permission to file …

**Ratio:** The court has the discretion to grant permission to file an appeal based on the merits of

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**Reasoning:** The court, upon hearing the counsel, found sufficient grounds to grant permission to file

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**Interpretation:** This indicates that the court found the appeal to have a prima facie case or

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**Application:** The court applied its discretion to the facts presented and determined that

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## Parties

- **Judges:** S. ABDUL…; V. RAMASUBR…
- **Appellants:** Kotak Mahindra…
- **Respondents:** TECHNOLOGY…

## Timeline

- **2021-04-05 — Impugned Ord…**: Date of the final judgment and order in CAAT(I) No. 731/2020 passed by the National…
- **2021-06-29 — Hearing…**: The appeals were called…

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