# In the matter of Spartek Ceramics India Ltd Vs Union of India & Ors Civil Appeal Nos. 7291-7292 -2018

> SC judgment dated 2018-10-26. Citation: TCN-2018-SC-00007. The case involves civil appeals against a judgment by the National Company Law Appellate Tribunal…

- **Court:** SC
- **Order date:** 26 Oct 2018
- **Citation:** TCN-2018-SC-00007
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/spartek-ceramics-india-ltd-vs-union-of-india-ors-civil-appeal-nos-7291-7292-2018-e97b7c12

## Summary

### Background

The case involves civil appeals against a judgment by the National Company Law Appellate Tribunal (NCLAT). The NCLAT had held that an appeal filed by the Central Government was not maintainable. The High Court of Delhi was initially approached in writ petitions before the alternative remedy of appeal to NCLAT was availed. The impugned judgment had set aside a notification, which the Supreme Court upheld. The NCLAT dismissed the appeals following the main judgment.

## Facts

M/S Spartek Ceramics India Ltd. filed civil appeals against the Union of India & Ors. before the Supreme Court of India. The appeals challenged a judgment by the National Company Law Appellate Tribunal (NCLAT). The NCLAT had ruled that an appeal filed by the Central Government was not maintainable, citing a notification dated 24.05.2017. Prior to approaching NCLAT, the appellants had filed writ petitions in the High Court of Delhi. The High Court directed the parties to avail the alternative remedy of appeal before NCLAT. The Supreme Court upheld the NCLAT's finding that the appeal was not maintainable but disagreed with the NCLAT's assessment of the case's merits and limitation aspects. The Supreme Court then revived the original writ petitions before the High

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## Issues and analysis

### Issue 1: Whether the judgment of the NCLAT holding the appeal filed by the Central Government as not …

**Ratio:** The principle applied here is the interpretation of the 'removal of difficulties'

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**Reasoning:** The court agreed with the NCLAT's view that the notification traveled beyond the scope of

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**Interpretation:** The 'removal of difficulties' clause is interpreted narrowly, and any

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**Application:** The court applied this principle to the specific notification in question,

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## Parties

- **Judges:** ROHINTON FALI…; NAVIN S…
- **Appellants:** M/S SPARTEK…
- **Respondents:** UNION OF INDIA &…
- **Other parties:** Modif…

## Timeline

- **2017-05-24 — Notificatio…**: Date of the notification that…
- **2017-09-14 — High Court…**: High Court of Delhi order (modified)…

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