# In the matter of Shivam Water Treaters Pvt Ltd  Vs Union of India & Ors No. SLP  (C) 1740-2018

> SC judgment dated 2018-01-25. Citation: TCN-2018-SC-00077. This is a Special Leave Petition (C) No.1740/2018 arising out of a final judgment and order dated…

- **Court:** SC
- **Order date:** 25 Jan 2018
- **Citation:** TCN-2018-SC-00077
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/shivam-water-treaters-pvt-ltd-vs-union-of-india-ors-no-slp-dfc6ad9c

## Summary

### Background

This is a Special Leave Petition (C) No.1740/2018 arising out of a final judgment and order dated 15-01-2018 in SPLCA No.19808/2017 passed by the High Court of Gujarat at Ahmedabad. The Supreme Court heard the petition on 25-01-2018.

## Facts

Shivam Water Treaters Pvt. Ltd. filed a Special Leave Petition (SLP(C) No.1740/2018) before the Supreme Court against the Union of India, Secretary to Govt., Ministry of Corporate Affairs & Ors. The petition arose from a judgment and order dated 15-01-2018 passed by the High Court of Gujarat at Ahmedabad in SPLCA No.19808/2017. The Supreme Court heard the petition on 25-01-2018. The Supreme Court requested the High Court to address the relief limited to any action taken by the respondents or any order passed by the National Company Law Tribunal. The Court clarified that the petitioner is not debarred from challenging the validity of the composition of the National Company Law Tribunal and the constitutionality of the Insolvency and Bankruptcy Code, 2016 before the

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## Issues and analysis

### Issue 1: Whether the High Court should address any relief sought in the prayer clause other than actions …

**Ratio:** The High Court's jurisdiction is limited to addressing the specific relief related to

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**Reasoning:** The Supreme Court explicitly directed the High Court to confine its review to the

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**Interpretation:** This limits the High Court's review to the actions of the respondents and

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**Application:** The High Court must only consider the relief sought that pertains to actions

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## Parties

- **Judges:** THE CHIEF J…; A.M. KHAN…; +1 more
- **Appellants:** Shivam Water…
- **Respondents:** UNION OF INDIA…

## Timeline

- **2018-01-15 — High Court…**: Final judgment and order passed by the High Court of Gujarat at Ahmedabad in SPLCA…
- **2018-01-25 — Supreme Court…**: The Supreme Court heard the Special…

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