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june 2024

Supreme Court of India · 2024-06-14

Anish M Rawther @ Anees Mohammed Rawther vs Hafeez Ur Rahman

Citation / case number
2024 INSC 460
Court
Supreme Court of India
Petitioner
Anish M Rawther @ Anees Mohammed Rawther
Respondent
Hafeez Ur Rahman
Author
Prashant Kumar Mishra
Bench
Prashant Kumar Mishra, Vikram Nath

Judgment text excerpt

The Supreme Court dismissed the appeal as infructuous, noting that the suit had been finally decreed on 20th April 2023, rendering the interim order of the Trial Court irrelevant. The Court highlighted that the appellants/defendants failed to seek variation of the High Court's order as permitted by a previous Supreme Court ruling. The argument regarding the applicability of Section 14 of the Insolvency and Bankruptcy Code, 2016, was not accepted by the High Court, which directed the Trial Court to accept the memo under Order XXXVII Rule 3(6)(b) of the CPC.

Anish M Rawther @ Anees Mohammed Rawther vs Hafeez Ur Rahman · Niyam