V Ramasubramanian

V Ramasubramanian

Sitting Judge of the Supreme Court of India

Assumed Office23rd Sep, 2019

Retired On29th Jun, 2023

Previously

Chief Justice of the Himachal Pradesh High CourtJune 2019-September 2019

Judge of the Telangana High Court2016-2019

Judge of the Madras High Court2006-2016

EnrollmentFebruary 16th, 1983

Age: 63

Tracked Cases: 16

Education

L.L.B.Madras Law College

Bachelors in ScienceVivekananda College, Chennai

Profile

Notable Judgments

In Internet and Mobile Association of India v Reserve Bank of India n 4 March 2020, a Bench comprising Justice Rohinton F. Nariman, Aniruddha Bose and V. Ramasubramanian set aside the Reserve Bank of India (RBI) circular that had prevented financial services from trading in crypto-currencies, such as Bitcoin and Ethereum. Authoring the judgment, Justice Ramasubramanian reasoned that the RBI’s circular imposed disproportionate restrictions, observing that it had failed to demonstrate that virtual currency trading causes harm to banks and other types of financial institutions. In effect, the judgment opens up India to crypto-currencies.

 

In Kapico Kerala Resorts Pvt. Ltd. v State of Kerala & Ors Justice Ramasubramanian, on behalf of Justices R.F. Nariman and A. Bose, authored a judgment ensuring the application of environmental protections in Kerala’s coastal areas. The Bench upheld a Kerala High Court order that had directed Kapico Kerala Resorts to cease encroaching land on Vaamika Island. The island sits on Vembanad Lake which is a designated ‘Critically Vulnerable Coastal Area’. In upholding the High Court’s order, Justice Ramasubramanian observed that there was no scope for revisiting the High Court’s judgment merely on the basis of minor ‘ancillary issues’ that the High Court had failed to deal with.

 

 

On December 3rd 2019, Justice Ramasubramanian authored an important judgment in Embassy Property Developments Pvt. Ltd. v State of Karnataka & Ors with regards to the jurisdiction of the National Company Law Tribunal (NCLT) in Insolvency and Bankruptcy Code, 2016 (IBC) proceedings. There were two key issues before the Court. First, whether the NCLT and NCLAT have jurisdiction to look into fraud in an IBC proceeding. Second, whether a High Court could interfere with a NCLT order in a IBC proceeding and thereby ignore the statutory remedy of appeal to the National Company Law Appellate Tribunal (NCLAT). On the first question, Justice Ramasubramanian concluded that the NCLT and NCLAT enjoyed the jurisdiction to look into fraud under Section 65 of the IBC. In answering the second question, he held that a High Court could interfere in instances where the NCLT had lacked the jurisdiction to entertain a proceeding in the first place.

 

Perhaps counter-intuitively, given the above observations, he upheld the Karnataka High Court’s interference with the specific NCLT Order in question. While he agreed that NCLT could hear matters pertaining to fraud, he nevertheless concluded that it lacked jurisdiction to hear the proceedings in question. In particular, he held that the NCLT lacked jurisdiction to hear an application against the Government of Karnataka for a direction to execute deeds for extending a mining lease. Therefore, he upheld the High Court’s order. He was joined on the Bench by Justices R.F. Nariman and A. Bose.