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.