# In the matter of M/S. Ruchi Soya Industries Ltd. Vs. Union Of India & Ors. Civil Appeal Nos. 447¬448 of 2013

> SC judgment dated 2022-02-17. Citation: TCN-2022-SC-00071. The appeals challenge the judgment and order dated January 20, 2012, passed by the Division Bench…

- **Court:** SC
- **Order date:** 17 Feb 2022
- **Citation:** TCN-2022-SC-00071
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/ms-ruchi-soya-industries-ltd-vs-union-of-india-ors-civil-appeal-nos-447448-of-20-0ff0f1b5

## Summary

### Background

The appeals challenge the judgment and order dated January 20, 2012, passed by the Division Bench of the High Court of Karnataka in Writ Petition No. 25290 of 2002 (TAR) and Writ Petition No. 25291 of 2002 (TAR), dismissing the writ petitions filed by the appellant. The writ petitions sought issuance of mandamus directing that Notification No. 38 of 2002-Cus(N.T.) dated June 13, 2002, was not applicable to imported goods consisting of 1647.414 metric tonnes of crude palmolein covered under the Bill of Entry for Home Consumption dated June 12, 2002.

## Facts

M/S. Ruchi Soya Industries Ltd. filed appeals challenging the judgment and order of the High Court of Karnataka, which had dismissed their writ petitions. These petitions concerned the applicability of a notification to imported goods. During the pendency of the appeals, insolvency proceedings were initiated against Ruchi Soya under the Insolvency and Bankruptcy Code (IBC). Standard Chartered Bank filed proceedings before the National Company Law Tribunal (NCLT), Mumbai, which were admitted. A resolution plan was approved by the NCLT. The Union of India, one of the respondents, had a claim that was not lodged before the Resolution Professional after public notices were issued under Sections 13 and 15 of the IBC. The key fact is that the respondent's claim was not part

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## Issues and analysis

### Issue 1: Whether the claim of the respondent, which was not lodged before the Resolution Professional after …

**Ratio:** Once a resolution plan is duly approved by the adjudicating authority under sub-section

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**Reasoning:** The court reasoned that the claim of the respondent was not lodged after public

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**Interpretation:** This interpretation emphasizes the finality and binding nature of an approved

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**Application:** Since the respondent's claim was not part of the approved Resolution Plan, it

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## Parties

- **Judges:** B.R. G…; S. Ravindr…
- **Respondents:** M/s.Ruchi Soya…; UNION OF INDIA &…
- **Other parties:** Over Tu…

## Timeline

- **2012-01-20 — High Court…**: Division Bench of the High Court of Karnataka passed a judgment and order dismissing the…
- **2017-12-15 — CIRP Admi…**: The application of the Standard Chartered Bank under Section 7 of the IBC for initiation…

## 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)

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