# In the matter of Sanil Prakash Sahu vs. Kotak Mahindra Bank Limited and Another

> SC judgment dated 2024-02-05. Citation: TCN-2024-SC-00099. The case involves a Civil Appeal (No. 774 of 2024) brought before the Supreme Court of India. The…

- **Court:** SC
- **Order date:** 5 Feb 2024
- **Citation:** TCN-2024-SC-00099
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/sanil-prakash-sahu-vs-kotak-mahindra-bank-limited-and-another-08b927ed

## Summary

### Background

The case involves a Civil Appeal (No. 774 of 2024) brought before the Supreme Court of India. The appeal challenges an order passed by the National Company Law Appellate Tribunal (NCLAT) in Company Appeal (AT) (Insolvency) No. 1281 of 2023. The appellant sought interference with the NCLAT's order.

## Facts

Sanil Prakash Sahu filed a Civil Appeal (No. 774 of 2024) before the Supreme Court of India, challenging an order issued by the National Company Law Appellate Tribunal (NCLAT) in Company Appeal (AT) (Insolvency) No. 1281 of 2023. Kotak Mahindra Bank Limited and Another were the respondents in the appeal. The Supreme Court, after reviewing the case, found no reason to interfere with the NCLAT's order and dismissed the Civil Appeal. The dismissal of the appeal means that the order passed by the NCLAT remains in effect.

## Issues and analysis

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

**Ratio:** The Supreme Court exercises appellate jurisdiction to correct errors of law or fact in

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

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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 appellate

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## Parties

- **Judges:** Dr Dhananjaya Y…; J.B. PARD…; +1 more
- **Appellants:** Sanil Praka…
- **Respondents:** Kotak Mahindra…
- **Other parties:** Affir…
- **Advocates:** Krishnendu…; Rajat S…; +5 more

## Timeline

- **2023-11-17 — NCLAT Or…**: The National Company Law Appellate Tribunal passed an order in Company Appeal (AT)…
- **2024-02-05 — Supreme Court…**: The Civil Appeal was called on for…

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