# In the matter of Vardaan Buildtech Pvt. Ltd. & Anr. Vs. Union of India & Ors. Writ Petition(s) (Civil) No(s). 694-2019

> SC judgment dated 2019-06-04. Citation: TCN-2019-SC-00066. The case involves a Writ Petition (Civil) No. 694/2019 filed by Vardaam Buildtech Pvt Ltd & Anr.…

- **Court:** SC
- **Order date:** 4 Jun 2019
- **Citation:** TCN-2019-SC-00066
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/vardaan-buildtech-pvt-ltd-anr-vs-union-of-india-ors-writ-petition-a26e76e0

## Summary

### Background

The case involves a Writ Petition (Civil) No. 694/2019 filed by Vardaam Buildtech Pvt Ltd & Anr. against Union of India & Ors. The petition was listed for admission and also included an application for ex-parte stay (IA No. 83153/2019). There was also an application for exemption from filing O.T. (IA No. 86744/2019). The matter was called for hearing on 04-06-2019.

## Facts

Vardaam Buildtech Pvt Ltd & Anr. filed a Writ Petition (Civil) No. 694/2019 against Union of India & Ors. seeking admission and an ex-parte stay (IA No. 83153/2019). The petition also included an application for exemption from filing O.T. (IA No. 86744/2019). The Supreme Court heard the petition on 04-06-2019 and issued notice. The court also ordered a stay of further proceedings before the National Company Law Tribunal, Principal Bench, New Delhi. The stay order is significant as it temporarily halts the proceedings at the NCLT, potentially impacting the rights and obligations of the parties involved in the NCLT proceedings.

## Issues and analysis

### Issue 1: Whether a stay should be granted on further proceedings before the National Company Law Tribunal, …

**Ratio:** The court has the power to grant a stay on proceedings before lower courts or tribunals

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**Reasoning:** The court considered the facts and circumstances of the case and determined that a stay

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**Interpretation:** The power to grant a stay is an inherent power of the court, exercised to

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**Application:** In this case, the court applied the principle by granting a stay on the

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## Parties

- **Judges:** Indu Mal…; M.R.…
- **Appellants:** VARDAAN BUILDTECH…
- **Respondents:** Union of…

## Timeline

- **2019-04-06 — Hearing…**: The petition was called…
- **2019-04-06 — Order…**: The Court issued notice and ordered a stay of further proceedings before the National…

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