# In the matter of Muhamad Yavar Dhalla Vs. Kavita Surana, Liquidator of Forward Shoes (India) Pvt. Ltd. Civil Appeal No. 4225 of 2020

> SC judgment dated 2021-01-12. Citation: TCN-2021-SC-00081. This is a civil appeal case before the Supreme Court of India. The appeal arises from an order…

- **Court:** SC
- **Order date:** 12 Jan 2021
- **Citation:** TCN-2021-SC-00081
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/muhamad-yavar-dhalla-vs-kavita-surana-liquidator-of-forward-shoes-b515968d

## Summary

### Background

This is a civil appeal case before the Supreme Court of India. The appeal arises from an order passed by the National Company Law Appellate Tribunal (NCLAT) in Company Appeal (AT) (Insolvency) No 384 of 2020. The appellant, Muhamad Yavar Dhalla, challenged the NCLAT order. The respondent is Kavita Surana, Liquidator of Forward Shoes (India) Pvt Ltd.

## Facts

Muhamad Yavar Dhalla filed a civil appeal against an order passed by the National Company Law Appellate Tribunal (NCLAT) in Company Appeal (AT) (Insolvency) No 384 of 2020. Kavita Surana, Liquidator of Forward Shoes (India) Pvt Ltd, was the respondent. The Supreme Court heard the appeal and found no reason to interfere with the NCLAT's order. Consequently, the Supreme Court dismissed the civil appeal. The case also involved applications for exemption from filing a certified copy of the impugned judgment and for a stay application, which were disposed of along with the appeal.

## Issues and analysis

### Issue 1: Whether the Supreme Court should interfere with the order passed by the National Company Law …

**Ratio:** The Supreme Court's power to interfere with orders of lower tribunals is discretionary

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**Reasoning:** The Supreme Court found no reason to interfere with the impugned order of the NCLAT,

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**Interpretation:** The Supreme Court's decision indicates a deference to the expertise of the

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**Application:** In this specific case, the Supreme Court applied the principle of

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## Parties

- **Judges:** Dr Dhananjaya Y…; SANJIV K…
- **Appellants:** Muhamad Yavar…
- **Respondents:** Forward Shoes…; Kavita S…

## Timeline

- **2020-12-08 — NCLAT Or…**: The National Company Law Appellate Tribunal (NCLAT) passed an order in Company Appeal…
- **2021-01-12 — Supreme Court…**: The Supreme Court heard the civil…

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