# In the matter of Sagar Dinesh Jariwala Vs. Small Industries Development Bank of India (SIDBI) & Anr. Transfer Petition(s)(Civil) No(s). 780/2020

> SC judgment dated 2020-07-24. Citation: TCN-2020-SC-00052. The case involves a transfer petition filed seeking the transfer of CP (IB) No. 1880/NCLT/MB/2018,…

- **Court:** SC
- **Order date:** 24 Jul 2020
- **Citation:** TCN-2020-SC-00052
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/sagar-dinesh-jariwala-vs-small-industries-development-bank-of-india-6166b620

## Summary

### Background

The case involves a transfer petition filed seeking the transfer of CP (IB) No. 1880/NCLT/MB/2018, titled "Small Industries Development Bank of India v. Swiss Ribbons Private Limited," from the NCLT, Mumbai Bench, to the NCLT, Ahmedabad Bench. The proceedings under the Insolvency and Bankruptcy Code 2016 were initiated against respondent No. 2 before the NCLT, Ahmedabad Bench. However, due to the unavailability of a technical member, the proceedings were transferred from Ahmedabad to Mumbai.

## Facts

The Small Industries Development Bank of India (SIDBI) initiated insolvency proceedings against Swiss Ribbons Private Limited before the NCLT, Ahmedabad Bench. Due to the unavailability of a technical member at the Ahmedabad Bench, the proceedings were transferred to the NCLT, Mumbai Bench. Subsequently, the Ministry of Corporate Affairs appointed additional technical members for the Ahmedabad Bench. A transfer petition was filed seeking the transfer of the case back to the NCLT, Ahmedabad Bench, given that the bench was now functioning effectively. The Supreme Court considered the submissions and allowed the transfer petition.

## Issues and analysis

### Issue 1: Whether the transfer petition seeking the transfer of CP (IB) No. 1880/NCLT/MB/2018 from the NCLT, …

**Ratio:** The court has the power to transfer cases between different benches of the NCLT to ensure

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**Reasoning:** The court reasoned that since the NCLT at Ahmedabad was now functioning effectively,

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**Interpretation:** The interpretation is that the court prioritizes the efficient functioning of

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**Application:** The ratio and reasoning were applied to the specific facts of the case, where

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## Parties

- **Judges:** Hrishikes…
- **Appellants:** SAGAR DINESH…
- **Respondents:** Swiss Ribbons…; Small Industries…

## Timeline

- **2018-01-01 — CP (IB) No. 1880/NCLT/MB…**: CP (IB) No. 1880/NCLT/MB/2018 titled "Small Industries Development Bank of India v. Swiss…
- **N/A — Initial Proc…**: Proceedings under Insolvency and Bankruptcy Code 2016 were initiated against respondent…

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