# In the matter of Union Bank of India vs. Financial Creditors of Amtek Auto Limited & Ors.

> SC judgment dated 2023-07-31. Citation: TCN-2023-SC-00060. The case involves a civil appeal against a judgment by the Five Judges Bench of the NCLAT. The…

- **Court:** SC
- **Order date:** 31 Jul 2023
- **Citation:** TCN-2023-SC-00060
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/union-bank-of-india-vs-financial-creditors-of-amtek-auto-limited-ors-c3cfd637

## Summary

### Background

The case involves a civil appeal against a judgment by the Five Judges Bench of the NCLAT. The appellant sought to argue based on the facts of the case.

## Facts

Union Bank of India filed a civil appeal against the Financial Creditors of M/S Amtek Auto Limited & Ors. The Supreme Court heard the appeal and agreed with the view taken by the Five Judges Bench of the NCLAT. The appellant's counsel attempted to argue based on the facts of the case, but the court determined that this would be a matter for consideration by an appropriate bench at a later date. Ultimately, the Civil Appeal was dismissed by the Supreme Court.

## Issues and analysis

### Issue 1: Whether the Supreme Court should interfere …

**Ratio:** The Supreme Court will not interfere with a judgment if it agrees with the view taken by

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**Reasoning:** The Supreme Court explicitly stated that it was in agreement with the view taken by the

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**Interpretation:** This indicates a deference to the judgment of the NCLAT, especially when a

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**Application:** In this case, the Supreme Court found no reason to overturn the NCLAT's

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## Parties

- **Judges:** SANJAY KISH…; Sudhanshu…
- **Appellants:** Union Bank of…
- **Respondents:** M/s. Amtek Auto…; FINANCIAL…

## Timeline

- **2023-07-31 — Hearing…**: The civil appeal was…
- **2023-07-31 — Order Da…**: The Civil Appeal was…

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