# In the matter of Shobori Ganguli vs. Amit Goel & Ors.

> SC judgment dated 2022-02-25. Citation: TCN-2022-SC-00069. The Supreme Court of India is hearing Civil Appeal Diary No(s). 4333/2022 and 3719/2022, arising…

- **Court:** SC
- **Order date:** 25 Feb 2022
- **Citation:** TCN-2022-SC-00069
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/shobori-ganguli-vs-amit-goel-ors-eb6182ac

## Summary

### Background

The Supreme Court of India is hearing Civil Appeal Diary No(s). 4333/2022 and 3719/2022, arising out of a final judgment and order dated 16-12-2021 in CAAT(I) No. 128/2021 passed by the National Company Law Appellate Tribunal. The cases involve Shobori Ganguli and Narendra Kumar & Anr. as petitioners, and Amit Goel & Ors. as respondents. Several applications are filed related to exemption from filing certified copies, stay application, permission to file appeal, and permission to file additional documents.

## Facts

The Supreme Court is hearing civil appeals arising from a judgment and order dated 16-12-2021 passed by the National Company Law Appellate Tribunal (NCLAT) in CAAT(I) No. 128/2021. There are two sets of petitioners: Shobori Ganguli (Diary No. 4333/2022) and Narendra Kumar & Anr. (Diary No. 3719/2022), with Amit Goel & Ors. as the respondents in both cases. The petitioners have filed applications for exemption from filing certified copies of the impugned judgment, stay of the NCLAT order, permission to file the appeal, and permission to file additional documents. The court granted permission to file the appeal and issued notice to the respondents. An interim stay was granted on the Corporate Insolvency Resolution Process (CIRP) of Respondent No. 2 and the

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## Issues and analysis

### Issue 1: Whether the Supreme Court should grant permission to file the appeals against the order of the …

**Ratio:** The court has the discretion to grant permission to file an appeal based on the merits of

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**Reasoning:** The court considered the arguments presented by the petitioners and found sufficient

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**Interpretation:** This involves interpreting the appellate jurisdiction of the Supreme Court and

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**Application:** The court applied its discretion to grant permission to file the appeals,

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## Parties

- **Judges:** L. NAGESWA…; B.R. G…
- **Appellants:** SHOBORI G…
- **Respondents:** Amit…

## Timeline

- **2021-12-16 — Impugned Final Judgment…**: Final judgment and order passed by the National Company Law Appellate Tribunal in CAAT(I)…
- **2022-02-25 — Hearing…**: The petitions were called on for…

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