# In the matter of Shashi Agarwal Vs. Jayanta Banerjee & Anr., Civil Appeal No(s). 2209-2210/2021

> SC judgment dated 2021-06-28. Citation: TCN-2021-SC-00040. The Supreme Court of India is hearing civil appeals numbered 2209-2210/2021. The appeals involve an…

- **Court:** SC
- **Order date:** 28 Jun 2021
- **Citation:** TCN-2021-SC-00040
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/shashi-agarwal-vs-jayanta-banerjee-anr-civil-appeal-no-9e30e479

## Summary

### Background

The Supreme Court of India is hearing civil appeals numbered 2209-2210/2021. The appeals involve an exemption from filing a certified copy of the impugned judgment and an ex-parte stay. The court is also considering an application for admission and interim relief, along with an application for an ex-parte stay and permission to file an appeal. The proceedings before the Insolvency and Bankruptcy Board of India (IBBI) may continue, but no final order shall be passed.

## Facts

Shashi Agarwal has filed civil appeals against Jayanta Banerjee & Anr. The appeals concern an exemption from filing a certified copy of the impugned judgment and an ex-parte stay. The court is also considering applications for admission, interim relief, an ex-parte stay, and permission to file an appeal. The Insolvency and Bankruptcy Board of India (IBBI) proceedings are allowed to continue, but no final order is to be passed. Counter and rejoinder affidavits are to be filed within two weeks each.

## Issues and analysis

### Issue 1: Whether permission to file the …

**Ratio:** The court has the discretion to grant

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**Reasoning:** The court considered the application and

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**Interpretation:** The court's interpretation allows for

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

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## Parties

- **Judges:** NAVIN S…; SANJIV K…
- **Appellants:** Shashi Ag…
- **Respondents:** Jayanta Ba…
- **Other parties:** Affir…

## Timeline

- **2021-06-28 — Hearing…**: The appeals were called…

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