# in the matter of Rajputana Properties Private Limited Vs. Ultratech Cement Limited and Ors. Civil Appeal No. 10998-2018

> SC judgment dated 2018-11-19. Citation: TCN-2018-SC-00005. The case involves an appeal against the judgments of the National Company Law Tribunal (NCLT) and…

- **Court:** SC
- **Order date:** 19 Nov 2018
- **Citation:** TCN-2018-SC-00005
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/rajputana-properties-private-limited-vs-ultratech-cement-limited-and-ors-civil-a-795b34ec

## Summary

### Background

The case involves an appeal against the judgments of the National Company Law Tribunal (NCLT) and the National Company Law Appellate Tribunal (NCLAT). The Supreme Court perused these judgments and heard the learned counsel for all parties.

## Facts

Rajputana Properties Private Limited filed a civil appeal against Ultratech Cement Limited and Others. The appeal, Civil Appeal No. 10998 of 2018, was heard by the Supreme Court of India. The Court considered the judgments of the National Company Law Tribunal (NCLT) and the National Company Law Appellate Tribunal (NCLAT). The Court dismissed the appeal, finding no infirmity in the order passed by the NCLAT. Several applications were also disposed of. The matter was called for hearing on November 19, 2018.

## Issues and analysis

### Issue 1: Whether there is any infirmity in the order passed by the National Company Law Appellate Tribunal …

**Ratio:** The legal principle applied is that appellate courts can only overturn lower court

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**Reasoning:** The Supreme Court, after reviewing the judgments of the NCLT and NCLAT and hearing the

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**Interpretation:** This issue concerns the appellate jurisdiction of the Supreme Court and its

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

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## Parties

- **Judges:** ROHINTON FALI…; NAVIN S…
- **Appellants:** RAJPUTANA…
- **Respondents:** ULTRATECH CEMENT…
- **Other parties:** Affir…

## Timeline

- **2018-11-19 — Hearing…**: The matter was called on for…
- **2018-11-19 — Order Da…**: The Supreme Court…

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