# in the matter of Mothers Pride Dairy India Pvt. Ltd. Vs Portrait Advertising and Marketing Pvt. Ltd. Civil Appeal No. 9286 of 2017

> SC judgment dated 2017-07-28. Citation: TCN-2017-SC-00019. The case involves an appeal by Mothers Pride Dairy India Private Limited against Portrait…

- **Court:** SC
- **Order date:** 28 Jul 2017
- **Citation:** TCN-2017-SC-00019
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/mothers-pride-dairy-india-pvt-ltd-vs-portrait-advertising-and-marketing-pvt-ltd-3da67925

## Summary

### Background

The case involves an appeal by Mothers Pride Dairy India Private Limited against Portrait Advertising and Marketing Private Limited. The National Company Law Appellate Tribunal (NCLAT) had previously passed an order. The Supreme Court found the NCLAT's order to be correct but decided to exercise its power under Article 142 of the Constitution to accept a settlement reached between the parties.

## Facts

Mothers Pride Dairy India Private Limited filed an appeal against Portrait Advertising and Marketing Private Limited. The National Company Law Appellate Tribunal (NCLAT) had issued an order, which the Supreme Court found to be correct. However, the parties reached a settlement, which the Supreme Court decided to accept under Article 142 of the Constitution. The appeal was then disposed of, and no order was made regarding costs. The case was heard on July 28, 2017.

## Issues and analysis

### Issue 1: Whether the Supreme Court should exercise its power under Article 142 of the Constitution to accept …

**Ratio:** The Supreme Court has the power under Article 142 of the Constitution to pass orders

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**Reasoning:** The Court reasoned that while the NCLAT's order was correct, accepting the settlement

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**Interpretation:** Article 142 grants the Supreme Court broad discretionary powers to ensure

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**Application:** In this case, the Court applied Article 142 to accept the settlement between

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## Parties

- **Judges:** DIPAK M…; A.M. KHAN…
- **Appellants:** Mothers Pride…
- **Respondents:** Portrait Advertisi…
- **Other parties:** Affir…

## Timeline

- **2017-07-28 — Hearing…**: The appeal was called for…
- **2017-07-28 — Order Da…**: The Supreme Court disposed of the appeal…

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