# In the matter of Vijay Kumar Singhania vs. Bank of Baroda and Anr

> SC judgment dated 2023-08-14. Citation: TCN-2023-SC-00055. The case is a Civil Appeal arising out of a final judgment and order dated 13-12-2023 in Company…

- **Court:** SC
- **Order date:** 14 Aug 2023
- **Citation:** TCN-2023-SC-00055
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/vijay-kumar-singhania-vs-bank-of-baroda-and-anr-4b5026fe

## Summary

### Background

The case is a Civil Appeal arising out of a final judgment and order dated 13-12-2023 in Company Appeal (AT) (Insolvency) No. 1058 of 2023 passed by the National Company Law Appellate Tribunal. The appellant, Vijay Kumar Singhania, filed an appeal against the order of the NCLAT, with Bank of Baroda and Anr as the respondents. The appeal was regarding an insolvency matter.

## Facts

Vijay Kumar Singhania filed a Civil Appeal against the Bank of Baroda and Anr. The appeal originated from a final judgment and order dated 13-12-2023 passed by the National Company Law Appellate Tribunal in Company Appeal (AT) (Insolvency) No. 1058 of 2023. The appellant also filed applications for exemption from filing the impugned judgment, a stay application, exemption from filing O.T., and condonation of delay in refiling. The Supreme Court condoned the delay and subsequently dismissed the appeal, upholding the NCLAT's order.

## Issues and analysis

### Issue 1: Whether the Supreme Court should interfere with the order of the National Company Law Appellate …

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

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**Reasoning:** The Supreme Court found no reason to interfere with the order of the National Company Law

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**Interpretation:** This issue involves the interpretation of the scope of appellate review by the

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

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## Parties

- **Judges:** Dr Dhananjaya Y…; J.B. PARD…; +1 more
- **Appellants:** Vijay Kumar…
- **Respondents:** Bank of Baroda…

## Timeline

- **2023-12-13 — NCLAT Or…**: The National Company Law Appellate Tribunal passed a final judgment and order in Company…
- **2024-08-14 — Supreme Cour…**: The Supreme Court condoned the delay and dismissed the appeal filed by Vijay Kumar…

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