# In the matter of Sysco Industries Ltd. Vs. Ecoplast Ltd. CIVIL APPEAL NO. 10581 of 2017

> SC judgment dated 2017-08-28. Citation: TCN-2017-SC-00017. The case involves a civil appeal before the Supreme Court of India. The National Company Law…

- **Court:** SC
- **Order date:** 28 Aug 2017
- **Citation:** TCN-2017-SC-00017
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/sysco-industries-ltd-vs-ecoplast-ltd-civil-appeal-no-10581-of-2017-ec74c9df

## Summary

### Background

The case involves a civil appeal before the Supreme Court of India. The National Company Law Appellate Tribunal (NCLAT) had passed an order, which the Supreme Court found to be correct. The appeal was filed against the order of NCLAT.

## Facts

M/S. Sysco Industries Ltd. filed a civil appeal against M/S. Ecoplast Ltd. before the Supreme Court of India. The appeal originated from an order passed by the National Company Law Appellate Tribunal (NCLAT). The Supreme Court found the NCLAT's order to be correct. A settlement was reached between the parties, and the Supreme Court exercised its power under Article 142 of the Constitution to accept the settlement. The court directed that proceedings pending before the National Company Law Tribunal be disposed of. A cheque was given by the appellant, and the court mandated that it be honored, with potential contempt charges for non-compliance. The order does not prevent other creditors from proceeding against the appellant.

## Issues and analysis

### Issue 1: Whether the Supreme Court should exercise its power under Article 142 of the Constitution to accept …

**Ratio:** Article 142 of the Constitution empowers the Supreme Court to pass orders necessary for

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**Reasoning:** The Supreme Court, while acknowledging the correctness of the NCLAT's order, deemed it a

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**Interpretation:** Article 142 is interpreted to allow the Supreme Court to go beyond the strict

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**Application:** The court applied Article 142 to accept the settlement, effectively overriding

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## Parties

- **Judges:** DIPAK M…; A.M. KHAN…; +1 more
- **Appellants:** M/S. SYSCO…
- **Respondents:** M/S. ECOPLA…
- **Other parties:** Affir…

## Timeline

- **2017-08-28 — Case Hea…**: The civil appeal was called on for…
- **2017-01-01 — Civil Appea…**: Civil Appeal No.10581…

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