# In the matter of State Bank of India Vs. Ms. Metenere Limited Misc Application No(s). 1604/2020 in Civil Appeal No. 2570/2020

> SC judgment dated 2020-09-21. Citation: TCN-2020-SC-00030. The case involves a miscellaneous application in a civil appeal before the Supreme Court of India.…

- **Court:** SC
- **Order date:** 21 Sept 2020
- **Citation:** TCN-2020-SC-00030
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/state-bank-of-india-vs-ms-metenere-limited-misc-application-no-38aa79cc

## Summary

### Background

The case involves a miscellaneous application in a civil appeal before the Supreme Court of India. The National Company Law Tribunal (NCLT) has reserved judgment on a petition filed under the Insolvency and Bankruptcy Code, 2016. The applicant-respondent argued that the application has become infructuous due to the NCLT's reservation of judgment.

## Facts

The State Bank of India filed a civil appeal against M/S Metenere Limited. A miscellaneous application (No. 1604/2020) was filed in connection with the civil appeal (No. 2570/2020). The applicant-respondent argued that the application had become infructuous because the National Company Law Tribunal (NCLT) had reserved judgment on a petition filed under the Insolvency and Bankruptcy Code, 2016. The Supreme Court heard the matter on September 21, 2020.

## Issues and analysis

### Issue 1: Whether the miscellaneous application has become infructuous due to the National Company Law …

**Ratio:** An application becomes infructuous when the underlying issue or the relief sought is

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**Reasoning:** The court accepted the submission that the NCLT's reservation of judgment on the

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**Interpretation:** The interpretation is that when a lower court or tribunal has already taken a

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**Application:** In this case, the NCLT's reservation of judgment on the insolvency petition

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## Parties

- **Judges:** S. ABDUL…; B.R. G…
- **Appellants:** State Bank of…
- **Respondents:** M/s. Metenere…
- **Other parties:** Over Tu…

## Timeline

- **2020-09-21 — Hearing…**: The matter was called for…
- **2020-01-01 — NCLT Reserved…**: The National Company Law Tribunal reserved judgment on the petition filed under the…

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