# In the matter of Swastik Coal Corporation Private Limited Vs. Union of India & Ors. W.P. (Civil) No. 321-2018

> SC judgment dated 2018-05-09. Citation: TCN-2018-SC-00055. The case involves multiple writ petitions filed before the Supreme Court of India. These petitions…

- **Court:** SC
- **Order date:** 9 May 2018
- **Citation:** TCN-2018-SC-00055
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/swastik-coal-corporation-private-limited-vs-union-of-india-ors-wp-fa365f24

## Summary

### Background

The case involves multiple writ petitions filed before the Supreme Court of India. These petitions relate to various issues, including seeking amendments to memos, intervention/impleadment, and urgent hearings. The court is addressing objections raised by Mr. Arvind P. Datar in Writ Petition (C) Nos. 99/2018 and 100/2018.

## Facts

Swastik Coal Corporation Private Limited & Ors. filed a writ petition (321/2018) against Union of India & Ors. Several IAs were filed, including those for appropriate orders/directions, intervention/impleadment, and permission to place subsequent facts on record. Other writ petitions (99/2018, 100/2018, 115/2018, 459/2018) are also being heard together. IA No. 64870/2018 seeks amendment of the memo. IA No. 68133/2018 is for intervention. IA No. 35751/2018 seeks urgent hearing. Shri Vikas Singh, counsel for the petitioner in Writ Petition (C) No. 115 of 2018, requested a copy of the Resolution Plan(s) to be supplied to the Corporate Debtors/Stake holders. Shri K.K. Venugopal, Attorney General for India, agreed to provide the plan within two weeks. The court also

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## Issues and analysis

### Issue 1: Whether the interlocutory applications for amendment, intervention, and impleadment should be …

**Ratio:** The court has the discretion to allow or disallow interlocutory applications based on the

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**Reasoning:** The court allowed I.A. No. 64870 of 2018 for amendment, I.A. No. 68041 of 2018 for

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**Interpretation:** The interpretation of the rules governing interlocutory applications allows the

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**Application:** The court applied this principle by allowing the applications, thereby ensuring

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## Parties

- **Judges:** ROHINTON FALI…; NAVIN S…
- **Appellants:** Swastik Coal…
- **Respondents:** Binani Ceme…; Union of…

## Timeline

- **2018-05-09 — Hearing…**: The matters were called…
- **2018-07-18 — Next Hearin…**: List on Wednesday, the…

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