# In the matter of State Bank of India vs. Moser Baer Karamachari Union & Anr.

> SC judgment dated 2023-02-07. Citation: TCN-2023-SC-00097. The case involves two civil appeals, No. 258 of 2020 and No. 2520 of 2020, before the Supreme Court…

- **Court:** SC
- **Order date:** 7 Feb 2023
- **Citation:** TCN-2023-SC-00097
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/state-bank-of-india-vs-moser-baer-karamachari-union-anr-62349f87

## Summary

### Background

The case involves two civil appeals, No. 258 of 2020 and No. 2520 of 2020, before the Supreme Court of India. Civil Appeal No. 258 of 2020 was dismissed. Civil Appeal No. 2520 of 2020 arises from an order of the National Company Law Appellate Tribunal (NCLAT) in Company Appeal No. 396 of 2019. The Supreme Court found that the NCLAT's order was in ignorance of its earlier order dated 19th August, 2019, which had been affirmed in Civil Appeal No. 258 of 2020.

## Facts

State Bank of India filed a civil appeal. Moser Baer Karamachari Union & Anr. were the respondents. The National Company Law Appellate Tribunal (NCLAT) passed an order in Company Appeal No. 396 of 2019. The Supreme Court noted that the NCLAT's order was in ignorance of its earlier order dated 19th August, 2019, which was affirmed by the Supreme Court in Civil Appeal No. 258 of 2020. The Supreme Court dismissed Civil Appeal No. 258 of 2020 and allowed Civil Appeal No. 2520 of 2020, thereby restoring the order of the National Company Law Tribunal.

## Issues and analysis

### Issue 1: Whether the order passed by the learned NCLAT was made in ignorance of its earlier order, thereby …

**Ratio:** An appellate court's order is binding and must be followed by lower tribunals. An order

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**Reasoning:** The Supreme Court reasoned that the NCLAT's order was passed in ignorance of its earlier

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**Interpretation:** The interpretation is that a judicial body must be aware of and adhere to its

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**Application:** The ratio and reasoning were applied to the specific facts of the case, where

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## Parties

- **Judges:** B.R. G…; VIKRAM…
- **Appellants:** State Bank of…
- **Respondents:** MOSER BAER…

## Timeline

- **2019-08-19 — NCLAT Or…**: NCLAT passed an order in…
- **2020-01-01 — Civil Appeal…**: Civil Appeal No. 258 of 2020 and Civil…

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