# In the matter of Valia And Co. Vs. Jord Engineers India Ltd. SLP (C) No. 8145-2018

> SC judgment dated 2018-04-02. Citation: TCN-2018-SC-00068. The case arises from an impugned final judgment and order dated 2017-10-13 in CAAT No. 158/2017…

- **Court:** SC
- **Order date:** 2 Apr 2018
- **Citation:** TCN-2018-SC-00068
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/valia-and-co-vs-jord-engineers-india-ltd-slp-b139a1d2

## Summary

### Background

The case arises from an impugned final judgment and order dated 2017-10-13 in CAAT No. 158/2017 passed by the National Company Law Appellate Tribunal. The petition was called for hearing on 2018-04-02.

## Facts

The case involves a petition for Special Leave to Appeal against a final judgment and order passed by the National Company Law Appellate Tribunal (NCLAT). The Supreme Court heard the petition and, in view of its judgment in Macquarie Bank Limited v. Shilpi Cable Technologies Limited, set aside the NCLAT's order. The matter was remitted back to the NCLAT for fresh disposal in accordance with the law. The order was passed ex-parte, granting the respondent liberty to move the Court if aggrieved. The petitioner was directed to appear before the Appellate Tribunal for further proceedings on May 14, 2018, and to notify the respondent of the order.

## Issues and analysis

### Issue 1: Whether the impugned order of the National Company Law Appellate Tribunal should be set aside and …

**Ratio:** The ratio decidendi is based on the Supreme Court's judgment in Macquarie Bank Limited v.

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**Reasoning:** The court reasoned that the impugned order should be set aside and the matter remitted

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**Interpretation:** The interpretation is that when a similar case has already been decided by the

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**Application:** The ratio and reasoning were applied to the specific facts of the case, leading

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## Parties

- **Judges:** ADARSH KUMA…; ROHINTON FALI…
- **Appellants:** VALIA &…
- **Respondents:** JORD ENGINEERS…
- **Other parties:** Modif…

## Timeline

- **2017-10-13 — Impugned Ord…**: Date of the impugned final judgment and order passed by the National Company Law…
- **2018-04-02 — Hearing…**: The date on which the petition was called…

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