# In the matter of Surendra B Jiwrajka and Anr vs. Omkara Assets Reconstruction Private Limited

> SC judgment dated 2023-11-09. Citation: TCN-2023-SC-00018. The case involves a batch of Special Leave Petitions and Civil Appeals filed before the Supreme…

- **Court:** SC
- **Order date:** 9 Nov 2023
- **Citation:** TCN-2023-SC-00018
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/surendra-b-jiwrajka-and-anr-vs-omkara-assets-reconstruction-private-limited-5994ab44

## Summary

### Background

The case involves a batch of Special Leave Petitions and Civil Appeals filed before the Supreme Court of India. These petitions and appeals were filed prior to adjudication under Section 100 of the Insolvency and Bankruptcy Code 2016. The cases arise out of an impugned final judgment and order dated 30-09-2021 in WPL No. 21271/2021 passed by the High Court of Judicature at Bombay.

## Facts

Surendra B Jiwrajka and another party filed Special Leave Petitions/Civil Appeals before the Supreme Court. These filings occurred before adjudication under Section 100 of the Insolvency and Bankruptcy Code, 2016. The respondent in the primary petition is Omkara Assets Reconstruction Private Limited. The cases arise out of an impugned final judgment and order dated 30-09-2021 in WPL No. 21271/2021 passed by the High Court of Judicature at Bombay. The petitioners/appellants have remedies available before the Adjudicating Authority at the stage of Section 100, as per a separate judgment in Dilip B Jiwrajka v Union of India. The court declined to entertain the petitions and appeals.

## Issues and analysis

### Issue 1: Whether the Special Leave Petitions/Civil Appeals should be entertained by the Supreme Court given …

**Ratio:** The legal principle applied is that courts should generally refrain from intervening in

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**Reasoning:** The court reasoned that since the petitioners/appellants could pursue remedies before the

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**Interpretation:** This indicates a judicial preference for allowing the established insolvency

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

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## Parties

- **Judges:** Dr Dhananjaya Y…; J.B. PARD…; +1 more
- **Appellants:** Surendra B…
- **Respondents:** Omkara Assets…

## Timeline

- **2021-09-30 — Impugned Judgm…**: Date of the impugned final judgment and order in WPL No. 21271/2021 passed by the High…
- **2023-11-09 — Order Da…**: Date of the Supreme Court order dismissing the…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 100 — Admission or rejection of application](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-100)

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