# In the matter of T. S. Murali Vs Sarvesh Kashyap

> SC judgment dated 2023-11-10. Citation: TCN-2023-SC-00015. Civil Appeal No. 7466/2023 involves T.S. Murali as the appellant and Sarvesh Kashyap as the…

- **Court:** SC
- **Order date:** 10 Nov 2023
- **Citation:** TCN-2023-SC-00015
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/t-s-murali-vs-sarvesh-kashyap-c708371d

## Summary

### Background

Civil Appeal No. 7466/2023 involves T.S. Murali as the appellant and Sarvesh Kashyap as the respondent. The case was called for hearing on 2023-11-10. The appellant sought exemption from filing C/C of the impugned judgment, an ex-parte stay, and exemption from filing O.T. The court ordered the matter to be re-listed in the week commencing 2023-12-04.

## Facts

T.S. Murali filed a Civil Appeal No. 7466/2023 against Sarvesh Kashyap. The appellant also filed applications for exemption from filing the certified copy of the impugned judgment, an ex-parte stay, and exemption from filing O.T. The case was heard on 2023-11-10. The court directed T.S. Murali to deposit Rs. 5,00,000 with the Liquidator (Sarvesh Kashyap) within one week to enable him to give a proposal. Subject to the deposit being made, the appellant will not be dispossessed from the property in question until the next hearing. The case is to be re-listed in the week commencing 2023-12-04. The deposit is crucial as it is a condition for the appellant to avoid dispossession.

## Issues and analysis

### Issue 1: Whether the appellant should be directed to deposit Rs. 5,00,000 with the Liquidator to enable him …

**Ratio:** The court has the power to impose conditions to facilitate a resolution or negotiation

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**Reasoning:** The court reasoned that requiring the appellant to deposit a sum of money would

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**Interpretation:** This demonstrates the court's approach to encourage resolution through

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**Application:** The appellant, T.S. Murali, was directed to deposit Rs. 5,00,000 with the

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## Parties

- **Judges:** SANJIV K…; S.V.N. B…
- **Appellants:** T.S. MU…
- **Respondents:** SARVESH K…

## Timeline

- **2023-11-10 — Hearing…**: The matter was called…
- **2023-12-04 — Re-listin…**: The case is to be re-listed in…

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