# In the matter of Usha Holdings LL.C. & Anr. Vs. Francorp Advisos Pvt. Ltd. Civil Appeal Diary No(s). 12958-2019

> SC judgment dated 2019-04-29. Citation: TCN-2019-SC-00073. The case involves a civil appeal against an impugned final judgment and order dated 30.11.2018…

- **Court:** SC
- **Order date:** 29 Apr 2019
- **Citation:** TCN-2019-SC-00073
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/usha-holdings-llc-anr-vs-francorp-advisos-pvt-ltd-civil-appeal-diary-no-898a0bfa

## Summary

### Background

The case involves a civil appeal against an impugned final judgment and order dated 30.11.2018 passed by the National Company Law Appellate Tribunal (NCLAT) in CAAT No. 44/2018. The appeal was filed by Usha Holdings LL.C. & ANR. against Francorp Advisors Pvt. Ltd. The appeal was regarding condonation of delay in filing.

## Facts

Usha Holdings LL.C. & ANR. filed a civil appeal against Francorp Advisors Pvt. Ltd. The appeal challenged the final judgment and order dated 30.11.2018 passed by the National Company Law Appellate Tribunal (NCLAT) in CAAT No. 44/2018. The appeal also involved an application for condonation of delay in filing (IA No.61570/2019). The Supreme Court heard the appeal on April 29, 2019, and the delay was condoned. However, the court ultimately dismissed the appeal, finding no reason to interfere with the NCLAT's order. The key fact is the Supreme Court's decision to uphold the NCLAT's order.

## Issues and analysis

### Issue 1: Whether the Supreme Court should interfere with the impugned order dated 30.11.2018 passed by the …

**Ratio:** The Supreme Court has the power to review and overturn decisions of lower courts and

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**Reasoning:** The Supreme Court found no reason to interfere with the impugned order passed by the

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**Interpretation:** The Supreme Court's decision indicates a deference to the expertise and

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**Application:** In this specific case, the Supreme Court applied the principle of deference to

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## Parties

- **Judges:** ROHINTON FALI…; Vineet…
- **Appellants:** USHA HOLDINGS…
- **Respondents:** FRANCORP ADVISORS…
- **Advocates:** Sidharth Bh…; Utsav Tr…; +1 more

## Timeline

- **2018-11-30 — NCLAT Or…**: The National Company Law Appellate Tribunal (NCLAT) passed the impugned order in CAAT No.…
- **2019-04-29 — Supreme Court…**: The Supreme Court heard the appeal and…

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