VidhiSangh

Supreme Court of India · 08/03/2019

JAI BALAJI INDUSTRIES LIMITED versus STATE BANK OF INDIA & ORS.

[2019] 4 S.C.R. 694 · 2019 INSC 339

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Summary

The Supreme Court set aside an NCLAT order directing admission of an insolvency application because the corporate debtor had not received the required appeal notice or hearing. Supplying an advance paperbook did not replace service after issuance of notice. The appeal was remanded to NCLAT without deciding the insolvency merits.

Issues

  1. Whether advance delivery of the appeal paperbook satisfied the required service of NCLAT’s notice.

Provisions considered

Held

Result

Appeal disposed of; NCLAT order set aside and matter remanded for expeditious fresh consideration after hearing the parties. Parties to seek early listing on 13 March 2019; no fresh notice to the appellant required. Merits reserved; pending applications disposed of; no costs.

Judgment PDF: Supreme Court of India, [2019] 4 S.C.R. 694.