# In the matter of Sunil S Kakkad Vs. Atrium Infocom Pvt. Ltd. and Ors. Civil Appeal No. 3968 of 2020

> SC judgment dated 2021-01-07. Citation: TCN-2021-SC-00086. This is a civil appeal case before the Supreme Court of India. The appeal challenges an order dated…

- **Court:** SC
- **Order date:** 7 Jan 2021
- **Citation:** TCN-2021-SC-00086
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/sunil-s-kakkad-vs-atrium-infocom-pvt-ltd-and-ors-civil-appeal-no-3968-of-2020-80ee4042

## Summary

### Background

This is a civil appeal case before the Supreme Court of India. The appeal challenges an order dated 10 August 2020, passed by the National Company Law Appellate Tribunal (NCLAT) in Company Appeal (AT) (Insolvency) No 194 of 2020.

## Facts

The case involves a civil appeal brought before the Supreme Court of India against an order passed by the National Company Law Appellate Tribunal (NCLAT). The NCLAT order in question is dated 10 August 2020, and pertains to Company Appeal (AT) (Insolvency) No 194 of 2020. The appellant, Sunil S Kakkad, challenged this order. The Supreme Court, after hearing the arguments, dismissed the civil appeal, indicating agreement with the NCLAT's decision. The relevance of these facts lies in the Supreme Court's decision to uphold the NCLAT's order, suggesting that the NCLAT's judgment was legally sound and did not warrant intervention by the Supreme Court.

## Issues and analysis

### Issue 1: Whether the Supreme Court should interfere with the impugned order dated 10 August 2020 passed by …

**Ratio:** The ratio is that the Supreme Court will not interfere with the decisions of lower

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**Reasoning:** The Court found no reason to interfere with the NCLAT's order. This suggests that the

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**Interpretation:** This legal issue concerns the appellate jurisdiction of the Supreme Court and

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**Application:** In this specific case, the Supreme Court applied the principle of deference by

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## Parties

- **Judges:** Dr Dhananjaya Y…; INDIRA BA…; +1 more
- **Appellants:** Sunil S.…
- **Respondents:** Atrium Infocom…
- **Other parties:** Affir…

## Timeline

- **2020-08-10 — NCLAT Or…**: The National Company Law Appellate Tribunal (NCLAT) passed an order in Company Appeal…
- **2021-01-07 — Supreme Court…**: The Civil Appeal was called on for…

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