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Ashish Saraf v. Bhuvan Madan & Ors.

Civil Appeal · 2021 INSC 553Decided 27 Sept 2021
Civil Appeal Nos. 5991-5992 of 2021
Justice Ajay Rastogi · Justice Abhay S. Oka

Background

This appeal (arising from Civil Appeal Diary No. 2669/2021) challenged an NCLAT judgment dated 12.03.2020, and was heard together with a separately filed, related appeal by Facor Alloys Limited against another NCLAT order dated 25.11.2020 involving the same opposing party. The order itself is a brief, one-page final disposal rather than a detailed judgment, so it does not set out the underlying facts of the NCLAT proceedings or the nature of the original dispute.

Decision Breakdown

After hearing senior counsel for the parties at length, the Supreme Court recorded that it was "unable to persuade [itself] to interfere" in either of the two NCLAT judgments under challenge. Both tagged civil appeals were accordingly dismissed, with any pending applications also disposed of. The order gives no detailed reasoning, indicating the Bench found no error in the NCLAT's findings worth correcting.

Lesson Learnt

Not every Supreme Court disposal contains a full narrative of facts and reasoning: when the Court is satisfied that a tribunal's decision does not call for interference, it may dismiss the appeal briefly. Such an order is still a final and binding disposal of the appeal, even though it is short.

Official source (sci.gov.in)View Judgment (PDF)

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