# In the matter of Ms Marathe Hospitality Vs. Mahesh Surekha and Ors. Petition(s) for Special Leave to Appeal (C) No(s). 8139/2020

> SC judgment dated 2020-07-10. Citation: TCN-2020-SC-00055. The case arises from an impugned final judgment and order dated 20-03-2020 in MA No. 3031/2019…

- **Court:** SC
- **Order date:** 10 Jul 2020
- **Citation:** TCN-2020-SC-00055
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/ms-marathe-hospitality-vs-mahesh-surekha-and-ors-petition-78289016

## Summary

### Background

The case arises from an impugned final judgment and order dated 20-03-2020 in MA No. 3031/2019 passed by the National Company Law Tribunal, Mumbai Bench. The petitioner filed an appeal before the National Company Law Appellate Tribunal (NCLAT).

## Facts

M/S Marathe Hospitality filed a petition for Special Leave to Appeal against a final judgment and order dated 20-03-2020 passed by the National Company Law Tribunal, Mumbai Bench in MA No. 3031/2019. The petitioner had initially filed an appeal before the National Company Law Appellate Tribunal (NCLAT), but the NCLAT was closed because one of its employees was suffering from Covid-19. The Supreme Court heard the petition on 10-07-2020.

## Issues and analysis

### Issue 1: Whether the Supreme Court should intervene in a matter where the appellate tribunal (NCLAT) is …

**Ratio:** The principle that the administration of justice should not be unduly hindered, even in

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**Reasoning:** The court acknowledges the closure of NCLAT due to an employee's illness but insists that

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**Interpretation:** This highlights the court's interpretation of its role in ensuring the

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**Application:** The court applies this principle by directing the NCLAT to find alternative

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## Parties

- **Judges:** Arun Mi…; S. ABDUL…; +1 more
- **Appellants:** M/S MARATHE…
- **Respondents:** Mahesh Su…

## Timeline

- **2020-03-20 — NCLT Ord…**: Final judgment and order passed by the National Company Law Tribunal, Mumbai Bench in MA…
- **2020-07-10 — Supreme Court…**: The Supreme Court heard the petition for Special Leave to Appeal and directed the NCLAT…

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