Writ Jurisdiction declined under IBC
By J the App
Executive Summary
The Bombay High Court refused to entertain a writ petition challenging an order of the National Company Law Tribunal (NCLT) when an effective statutory appellate remedy was available before the National Company Law Appellate Tribunal (NCLAT) under Section 61 of the Insolvency and Bankruptcy Code, 2016.
The petitioner sought to contend that the challenge was directed not against the merits of the NCLT's decision but against the process adopted by the Tribunal while arriving at that decision.
The Court reiterated that writ jurisdiction cannot ordinarily be invoked merely by alleging procedural infirmities when the dispute can adequately be addressed through the prescribed appellate mechanism.
Domain: Regulatory | IBC
Case Snapshot
The decision was rendered by the...
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