# In the matter of Palaparty Abhishek vs. Binjusaria Ispat Pvt. Ltd. & Anr.

> SC judgment dated 2022-08-08. Citation: TCN-2022-SC-00030. This is a civil appeal case before the Supreme Court of India. The appeal was called for hearing on…

- **Court:** SC
- **Order date:** 8 Aug 2022
- **Citation:** TCN-2022-SC-00030
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/palaparty-abhishek-vs-binjusaria-ispat-pvt-ltd-anr-096def77

## Summary

### Background

This is a civil appeal case before the Supreme Court of India. The appeal was called for hearing on August 8, 2022. The case involves a stay application (IA No.108573/2022).

## Facts

The case is a Civil Appeal No. 5110/2022 before the Supreme Court of India. The appeal was listed for hearing on August 8, 2022, along with an application for stay (IA No.108573/2022). Palaparty Abhishek is the appellant, and Binjusaria Ispat Pvt. Ltd. & Anr. are the respondents. During the hearing, the court issued a notice and directed the filing of a counter affidavit within six weeks. The court also ordered a stay on further proceedings related to the impugned order. Mr. Shashi Bhushan Kumar, learned counsel, accepted notice on behalf of respondent No. 1.

## Issues and analysis

### Issue 1: Whether the court should grant a stay on further …

**Ratio:** The court has the power to grant a stay on proceedings to maintain the status quo and

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**Reasoning:** The court, after hearing the counsel, deemed it appropriate to stay further proceedings

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**Interpretation:** This demonstrates the court's power to control the proceedings before it and to

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**Application:** The court applied this principle by staying further proceedings related to the

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## Parties

- **Judges:** S. ABDUL…; J.K. MAHE…
- **Appellants:** PALAPARTY A…
- **Respondents:** Binjusaria Ispat…
- **Advocates:** Virendra…; Satyajit A.…; +4 more

## Timeline

- **2022-08-08 — Hearing…**: The appeal was called…
- **N/A — Order…**: Issue notice. Caveat accepted on behalf of respondent No.1. Counter affidavit to be filed…

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