ROHINTON FALI NARIMAN, ANIRUDDHA BOSE, V.RAMASUBRAMANIAN
Embassy Property Developments Pvt. Ltd. State of Karnataka – Appellant
Versus
State of Karnataka – Respondent
JUDGMENT :
V. RAMASUBRAMANIAN, J.
1. Leave Granted.
2. Two seminal questions of importance namely:
(i) Whether the High Court ought to interfere, under Article 226/227 of the Constitution, with an Order passed by the National Company Law Tribunal in a proceeding under the Insolvency and Bankruptcy Code, 2016, ignoring the availability of a statutory remedy of appeal to the National Company Law Appellate Tribunal and if so, under what circumstances; and
(ii) Whether questions of fraud can be inquired into by the NCLT/NCLAT in the proceedings initiated under the Insolvency and Bankruptcy Code, 2016, arise for our consideration in these appeals.
Brief background facts
3. There are three appeals on hand, one filed by the Resolution Applicant, the second filed by the Corporate Debtor through the Resolution Professional and the third filed by the Committee of Creditors, all of which challenge an Interim Order passed by the Division Bench of High Court of Karnataka in a writ petition, staying the operation of a direction contained in the order of the NCLT, on a Miscellaneous Application
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