# In the matter of Sonu Cargo Movers (I) Pvt. Ltd. & Anr. Vs. Union of India & Ors. Writ Petition(s)(Civil) No(s). 722/2019

> SC judgment dated 2019-06-20. Citation: TCN-2019-SC-00061. The petitioners filed a writ petition because their matter was heard by a bench of the National…

- **Court:** SC
- **Order date:** 20 Jun 2019
- **Citation:** TCN-2019-SC-00061
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/sonu-cargo-movers-i-pvt-ltd-anr-vs-union-of-india-ors-writ-petition-dff0ebef

## Summary

### Background

The petitioners filed a writ petition because their matter was heard by a bench of the National Company Law Tribunal (NCLT) in Ahmedabad that did not include a technical member. The petitioners argued that this was a violation of the law. The senior counsel for the petitioners raised the issue that despite the judgment passed in Swiss Ribbons Private Ltd. & Anr. vs. Union of India & Ors., the Ministry of Corporate Affairs, not the Law Ministry, is ordering the appointment of the members of the NCLT.

## Facts

The petitioners, Sonu Cargo Movers (I) Pvt. Ltd. & Anr., filed a writ petition. The core issue was that their case was heard by a bench of the National Company Law Tribunal (NCLT) in Ahmedabad without a technical member. The petitioners argued that this was improper. The senior counsel for the petitioners also raised the issue that the Ministry of Corporate Affairs, not the Law Ministry, is ordering the appointment of the members of the NCLT, despite the judgment in Swiss Ribbons Private Ltd. & Anr. vs. Union of India & Ors.

## Issues and analysis

### Issue 1: Whether the petitioners' case should be reheard by a bench of the NCLT comprising both a judicial …

**Ratio:** A bench of the NCLT should include both a judicial member and a technical member to

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**Reasoning:** The court acknowledged the petitioners' grievance that their case was heard by a bench

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**Interpretation:** This issue pertains to the composition of the NCLT bench and the requirement

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**Application:** The court directed that the petitioners' case be reheard by a bench comprising

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## Parties

- **Judges:** DEEPAK…; SURYA…
- **Appellants:** SONU CARGO MOVERS…
- **Respondents:** Union of…
- **Advocates:** Meenakshi…; Gaurav…; +10 more

## Timeline

- **2019-06-20 — Hearing…**: The petitions were…

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