# In the matter of Mansi Brar Fernandis Vs. Shubha Sharma & Anr. Civil Appeal No(s). 3826/2020

> SC judgment dated 2020-12-11. Citation: TCN-2020-SC-00003. The Supreme Court is hearing a civil appeal (No. 3826/2020) against an order of the National…

- **Court:** SC
- **Order date:** 11 Dec 2020
- **Citation:** TCN-2020-SC-00003
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/mansi-brar-fernandis-vs-shubha-sharma-anr-civil-appeal-no-47f5bc43

## Summary

### Background

The Supreme Court is hearing a civil appeal (No. 3826/2020) against an order of the National Company Law Appellate Tribunal (NCLAT). The NCLAT had reversed the order of the National Company Law Tribunal (NCLT), which admitted a petition under Section 7 of the Insolvency and Bankruptcy Code 2016. The appellant is alleged to be a speculative investor.

## Facts

The Supreme Court is hearing a civil appeal against an order of the NCLAT. The NCLAT reversed the order of the NCLT, which had admitted a petition under Section 7 of the Insolvency and Bankruptcy Code, 2016. The appellant is alleged to be a speculative investor. The Supreme Court did not stay the NCLAT order but issued an ad-interim direction that the finding regarding the appellant being a speculative investor is confined to the facts of the present case and not to be treated as a precedent. The matter was adjourned for further hearing.

## Issues and analysis

### Issue 1: Whether the operation of the order of the National …

**Ratio:** The court has the power to grant or refuse a stay on the operation of an order passed by

…

**Reasoning:** The court considered the fact that the correctness of the NCLAT's decision was under

…

**Interpretation:** The court's decision not to stay the NCLAT order suggests that the court was

…

**Application:** The court applied its discretion not to stay the NCLAT order, considering the

…

## Parties

- **Judges:** Dr Dhananjaya Y…; M.R.…
- **Appellants:** MANSI BRAR…
- **Respondents:** SHUBHA SHARMA &…
- **Other parties:** Modif…
- **Advocates:** K.V. Viswa…; Sunil Fer…; +9 more

## Timeline

- **2020-12-11 — Appeal Called for…**: The civil appeal was called on for…
- **2021-01-27 — Next Hearin…**: The appeal was listed for further…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 7 — Initiation of corporate insolvency resolution…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-7)

---

This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/supreme-court-of-india/mansi-brar-fernandis-vs-shubha-sharma-anr-civil-appeal-no-47f5bc43