# In the matter of Shree Warana Sahakari Bank Limited vs. Ritesh R Mahajan

> SC judgment dated 2024-03-11. Citation: TCN-2024-SC-00090. The case involves a civil appeal against a judgment and order passed by the National Company Law…

- **Court:** SC
- **Order date:** 11 Mar 2024
- **Citation:** TCN-2024-SC-00090
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/shree-warana-sahakari-bank-limited-vs-ritesh-r-mahajan-a1147f53

## Summary

### Background

The case involves a civil appeal against a judgment and order passed by the National Company Law Appellate Tribunal (NCLAT). Shree Warana Sahakari Bank Limited, a dissenting financial creditor, filed the appeal. The Supreme Court considered the appeal after hearing the learned counsel for the parties.

## Facts

Shree Warana Sahakari Bank Limited, a dissenting financial creditor, filed civil appeals against the judgment and order passed by the National Company Law Appellate Tribunal (NCLAT). The Supreme Court heard the arguments from both sides. The court condoned the delay in filing. The court chose not to interfere with the NCLAT's decision, dismissing the appeals. The questions of law raised by the senior counsel, Mr. N.K. Kaul, were kept open for consideration in a future, more appropriate case. The impugned final judgment and order was dated 2023-11-24 in CAAT(I) No. 661/2023, 2023-11-24 in CAAT(I) No. 662/2023, 2023-01-24 in CAAT(I) No. 663/2023, 2023-11-24 in CAAT(I) No. 651/2023, and 2023-11-24 in CAAT(I) No. 1005/2023.

## Issues and analysis

### Issue 1: Whether the Supreme Court should interfere with the impugned judgment and order passed by the …

**Ratio:** The Supreme Court has the discretion to interfere with the judgments and orders of lower

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**Reasoning:** The Supreme Court, after hearing the learned counsel for the parties, was not inclined to

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**Interpretation:** This indicates that the Supreme Court did not find any significant error or

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**Application:** In this specific case, the Supreme Court found no compelling reason to overturn

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## Parties

- **Judges:** PAMIDIGHANTAM SRI…; Aravind…
- **Appellants:** SHREE WARANA…
- **Respondents:** Ritesh R. M…
- **Other parties:** Affir…

## Timeline

- **2023-11-24 — Impugned Ord…**: Date of the impugned final judgment and order in CAAT(I) No. 661/2023, 662/2023, 651/2023…
- **2023-01-24 — Impugned Ord…**: Date of the impugned final judgment…

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