# In the matter of Kundan Care Products Limited Vs. Amit Gupta & Ors. Civil Appeal No(s). 3560-2020

> SC judgment dated 2020-11-16. Citation: TCN-2020-SC-00013. The case is a Civil Appeal No. 3560 of 2020 before the Supreme Court of India. The appeal was…

- **Court:** SC
- **Order date:** 16 Nov 2020
- **Citation:** TCN-2020-SC-00013
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/kundan-care-products-limited-vs-amit-gupta-ors-civil-appeal-no-46e93125

## Summary

### Background

The case is a Civil Appeal No. 3560 of 2020 before the Supreme Court of India. The appeal was called for hearing on 16-11-2020. The appellant is Kundan Care Products Limited, and the respondents are Amit Gupta & Ors. The appeal involves an issue that is also pending determination in Civil Appeal No. 9241 of 2019.

## Facts

Kundan Care Products Limited has filed a Civil Appeal (No. 3560/2020) before the Supreme Court of India against Amit Gupta & Ors. The appeal was called for hearing on 2020-11-16. A key issue raised in this appeal is also under consideration in Civil Appeal No. 9241 of 2019, which is already pending before the same court. The National Company Law Appellate Tribunal (NCLAT) issued an impugned judgment and order in Company Appeal (AT)(Insolvency) No 653 of 2020, against which the current appeal has been filed. The Court granted an ad-interim stay on the operation of the impugned judgment.

## Issues and analysis

### Issue 1: Whether the issue raised in the present appeal is pending determination before the Supreme Court in …

**Ratio:** When a similar issue is already pending before the court in another case, the court may

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**Reasoning:** The court acknowledged that the issue in the present appeal is also pending in Civil

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**Interpretation:** This demonstrates the court's approach to handling related cases and its power

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**Application:** The court applied the principle of judicial efficiency by tagging the case with

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## Parties

- **Judges:** Dr Dhananjaya Y…; Indu Mal…; +1 more
- **Appellants:** Kundan Care…
- **Respondents:** Amit G…
- **Advocates:** Kapil S…; Prithu…; +5 more

## Timeline

- **2020-11-16 — Hearing…**: The Civil Appeal No. 3560/2020…

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