# In the matter of State Bank of India Vs. Metenere Ltd. Civil Appeal No. 2570 of 2020

> SC judgment dated 2020-08-19. Citation: TCN-2020-SC-00044. The case involves a civil appeal before the Supreme Court of India regarding the appointment of a…

- **Court:** SC
- **Order date:** 19 Aug 2020
- **Citation:** TCN-2020-SC-00044
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/state-bank-of-india-vs-metenere-ltd-civil-appeal-no-2570-of-2020-ef1fb5a2

## Summary

### Background

The case involves a civil appeal before the Supreme Court of India regarding the appointment of a Resolution Professional in an insolvency proceeding. The National Company Law Appellate Tribunal (NCLAT) had taken an approach that the Supreme Court found prima facie incorrect, specifically concerning a Resolution Professional who was in the service of the State Bank of India (SBI) and receiving a pension.

## Facts

The State Bank of India (SBI) filed a civil appeal before the Supreme Court of India. The appeal concerned a decision made by the National Company Law Appellate Tribunal (NCLAT) regarding the appointment of a Resolution Professional. The NCLAT's approach was deemed incorrect by the Supreme Court because it disqualified a Resolution Professional merely for being in the service of SBI and receiving a pension. Mr. Tushar Mehta, the Solicitor General, and Mr. Krishnan Venugopal, a senior counsel, agreed on the appointment of a new Resolution Professional by the NCLT. The Supreme Court considered this agreement and the arguments presented by the parties.

## Issues and analysis

### Issue 1: Whether the approach adopted by the National Company Law Appellate Tribunal (NCLAT) in …

**Ratio:** The ratio is that an individual should not be disqualified as a Resolution Professional

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**Reasoning:** The court reasoned that the NCLAT's approach was prima facie incorrect. The court did not

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**Interpretation:** This issue involves the interpretation of the qualifications and

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**Application:** In this specific case, the court applied the ratio by determining that the

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## Parties

- **Judges:** Arun Mi…; B.R. G…; +1 more
- **Appellants:** State Bank of…
- **Respondents:** M/s Metener…
- **Other parties:** Over Tu…

## Timeline

- **2020-08-19 — Order Da…**: The Supreme Court disposed of the civil appeal and directed the NCLT to appoint a new…

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