# In the matter of Peanence Commercial Private Limited & Anr. Vs Mamta Binani

> SC judgment dated 2024-07-26. Citation: TCN-2024-SC-00049. This is a civil appeal case before the Supreme Court of India. The appellant, Peanence Commercial…

- **Court:** SC
- **Order date:** 26 Jul 2024
- **Citation:** TCN-2024-SC-00049
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/peanence-commercial-private-limited-anr-vs-mamta-binani-d600ebd7

## Summary

### Background

This is a civil appeal case before the Supreme Court of India. The appellant, Peanence Commercial Private Limited & Anr., filed an appeal against the respondent, Mamta Binani. The appeal was called for hearing on July 26, 2024. The case also involves applications for exemption from filing a certified copy of the impugned judgment and for a stay application.

## Facts

Peanence Commercial Private Limited & Anr. filed a civil appeal against Mamta Binani in the Supreme Court of India. The appeal, numbered 7837/2024, also includes applications for exemption from filing a certified copy of the impugned judgment (IA No.153588/2024) and for a stay application (IA No.153589/2024). The case was called for hearing on July 26, 2024, where the court allowed the exemption application and issued a notice returnable on August 20, 2024. The court also stipulated that the voting of the Committee of Creditors (COC) would be subject to further orders passed in the appeal. This suggests the court is considering the impact of the appeal on the COC's actions.

## Issues and analysis

### Issue 1: Whether the application for exemption from filing a certified copy of the impugned judgment should …

**Ratio:** The court has the discretion to grant exemptions from procedural requirements based on

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**Reasoning:** The court likely found sufficient reason to waive the requirement of filing a certified

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**Interpretation:** This indicates the court's willingness to streamline proceedings by dispensing

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**Application:** The court applied its discretion to the specific facts of the case and

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## Parties

- **Judges:** ABHAY S…; AUGUSTINE GEORGE…
- **Appellants:** PEANENCE COMMERCIA…
- **Respondents:** ΜΑΜΤΑ B…

## Timeline

- **2024-07-26 — Appeal He…**: The appeal was called…
- **2024-08-20 — Notice Retu…**: Issue notice returnable…

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