# In the matter of Vijay Kumar Penmetsa vs. Sisir Kumar Appikatle & Ors.

> SC judgment dated 2024-12-10. Citation: TCN-2024-SC-00009. The case arises out of an impugned interim judgment and order dated 09-07-2024 in TAAT No.247/2021…

- **Court:** SC
- **Order date:** 10 Dec 2024
- **Citation:** TCN-2024-SC-00009
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/vijay-kumar-penmetsa-vs-sisir-kumar-appikatle-ors-2344827c

## Summary

### Background

The case arises out of an impugned interim judgment and order dated 09-07-2024 in TAAT No.247/2021 and CAAT (CH) (I) No.757/2020 passed by the National Company Law Appellate Tribunal, Chennai. The appellant has placed on record copies of orders dated 5th February, 6th February, 8th April and 8th July of 2024 passed by NCLAT, indicating adjournments were not sought by the appellant.

## Facts

Vijay Kumar Penmetsa has appealed a decision by the National Company Law Appellate Tribunal (NCLAT), Chennai. The appeal concerns an interim judgment and order dated 09-07-2024 in TAAT No.247/2021 and CAAT (CH) (I) No.757/2020. The appellant filed applications for condonation of delay, exemption from filing a certified copy of the impugned judgment, a stay application, intervention/impleadment, and permission to file additional documents. The appellant's counsel placed copies of NCLAT orders dated 5th February, 6th February, 8th April and 8th July of 2024 on record. The interim order of stay was operative till 9th July, 2024.

## Issues and analysis

### Issue 1: Whether the application for exemption from filing a certified copy of the impugned judgment should …

**Ratio:** The court has the discretion to grant exemptions from procedural requirements based on

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**Reasoning:** The court considered the circumstances and

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**Interpretation:** This indicates a willingness to streamline proceedings and avoid unnecessary

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**Application:** The court allowed the application, meaning the appellant did not need to file a

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## Parties

- **Judges:** ABHAY S…; AUGUSTINE GEORGE…
- **Appellants:** Vijay Kumar…
- **Respondents:** Sisir Kumar…

## Timeline

- **2024-07-09 — Impugned Interim Order…**: Date of the impugned interim judgment and order in TAAT No.247/2021 and CAAT (CH) (I)…
- **2024-02-05 — NCLAT Orde…**: One of the dates on which NCLAT passed…

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