# In the matter of Vinay Jain Vs. State of U.P. & Anr. Petition for Special Leave to Appeal (Crl.)  No.175-2021

> SC judgment dated 2021-04-08. Citation: TCN-2021-SC-00056. The case involves a Petition for Special Leave to Appeal (Crl.) No.175/2021 filed by Vinay Jain…

- **Court:** SC
- **Order date:** 8 Apr 2021
- **Citation:** TCN-2021-SC-00056
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/vinay-jain-vs-state-of-up-anr-petition-for-special-leave-to-appeal-886f672d

## Summary

### Background

The case involves a Petition for Special Leave to Appeal (Crl.) No.175/2021 filed by Vinay Jain against the State of U.P. & ANR. The petitioner is seeking relief from an impugned order of the High Court of Judicature at Allahabad, which refused to grant bail to the petitioner. A Division Bench of the Supreme Court had previously granted interim bail to the petitioner on 2021-02-26. The Resolution Professional, Anil Tayal, seeks to be impleaded or intervene in the petition. IIFL Finance Limited, through its counsel Mr. Gaurav Agrawal, has also filed an application seeking impleadment, asserting that the properties of the company are mortgaged with his client.

## Facts

Vinay Jain filed a Petition for Special Leave to Appeal against the State of U.P. & ANR. The High Court of Judicature at Allahabad refused to grant bail to Vinay Jain. Previously, a Division Bench of the Supreme Court granted interim bail to Vinay Jain on 2021-02-26. Anil Tayal, the Resolution Professional, seeks to intervene in the petition, expressing concern that compliance with the interim bail conditions might involve assets of A.V.J. Developers (India) Pvt. Limited, which are under his control due to proceedings before the NCLT under Section 18 of the Insolvency and Bankruptcy Code, 2016. IIFL Finance Limited also seeks impleadment, claiming a mortgage on the company's properties. The Resolution Professional's apprehension is that the assets of A.V.J.

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## Issues and analysis

### Issue 1: Whether the Resolution Professional can be impleaded or permitted to intervene in a proceeding …

**Ratio:** The ratio decidendi will depend on the court's interpretation of the relevant provisions

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**Reasoning:** The court's reasoning will likely consider the extent to which the Resolution

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**Interpretation:** The interpretation involves understanding the scope of the court's power to

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**Application:** The application involves assessing whether the Resolution Professional's

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## Parties

- **Judges:** ANIRUDDHA…
- **Appellants:** Vinay…
- **Respondents:** A.V.J. Developers…; State Of…

## Timeline

- **2021-02-26 — Interim Bail…**: A Division Bench of the Supreme Court…
- **2021-03-26 — Office R…**: Office Report indicates IIFL Finance Limited…

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