# In the matter of State Bank of India vs. Alok Gaur and Anr.

> SC judgment dated 2024-10-25. Citation: TCN-2024-SC-00019. The case involves an appeal against an order of the National Company Law Appellate Tribunal…

- **Court:** SC
- **Order date:** 25 Oct 2024
- **Citation:** TCN-2024-SC-00019
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/state-bank-of-india-vs-alok-gaur-and-anr-6d36c094

## Summary

### Background

The case involves an appeal against an order of the National Company Law Appellate Tribunal (NCLAT). The NCLAT's order stayed an order of the National Company Law Tribunal, while permitting the continuance of the Interim Resolution Professional (IRP) but restraining the Committee of Creditors (CoC) from taking charge. The Supreme Court is hearing the appeal against this order.

## Facts

The State Bank of India filed an appeal against Alok Gaur and Anr. The National Company Law Appellate Tribunal (NCLAT) had issued an order that stayed an order of the National Company Law Tribunal. The continuance of the Interim Resolution Professional (IRP) was permitted, but the Committee of Creditors (CoC) was restrained from taking charge. The appeal was scheduled to be heard by the NCLAT on 28 October 2024. The Supreme Court considered the appeal and ultimately disposed of it, requesting the NCLAT to expedite the hearing. The appellant was given the option to seek modification of the interlocutory order if the appeal could not be heard expeditiously.

## Issues and analysis

### Issue 1: Whether the Supreme Court should exercise its appellate jurisdiction against the interlocutory …

**Ratio:** The Supreme Court generally refrains from interfering with interlocutory orders unless

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**Reasoning:** The Court noted that the appeal was already scheduled to be heard by the NCLAT on 28

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**Interpretation:** This reflects a policy of judicial restraint, allowing lower tribunals to

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**Application:** The Court applied this principle by declining to intervene in the NCLAT's

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## Parties

- **Judges:** Dr Dhananjaya Y…; J.B. PARD…; +1 more
- **Appellants:** State Bank of…
- **Respondents:** Alok Gaur a…
- **Other parties:** Affir…

## Timeline

- **2024-08-13 — NCLAT Or…**: The National Company Law Appellate Tribunal (NCLAT) issued an order staying the order of…
- **2024-10-25 — Supreme Cour…**: The Supreme Court disposed of the appeal, requesting the NCLAT to dispose of the appeal…

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