Back
REKHA PALLI
SUNIL TANDON – Appellant
Versus
UNION OF INDIA – Respondent
JUDGMENT :
REKHA PALLI, J.
1. By way of the present petition filed under Article 226 of the Constitution of India, the Petitioner, an erstwhile independent Non-Executive Director in respondent no.3 company, assails order dated 08.07.2021 (“Impugned Order”) and letter dated 16.07.2021 (“Impugned Letter”) issued by respondent no.1 and all consequential actions emanating therefrom, which includes the filing of C.P. No. 295/MB/2021 before the Hon’ble National Company Law Tribunal (NCLT), Mumbai Bench, and the order passed by the said Bench on 31.08.2021 against the petitioner and other persons.
2. The brief facts leading to the filing of the present petition are that the respondent no.3 company, of which the petitioner is an erstwhile independent Non-Executive Director till 18.05.2018, is a part of a group of companies associated with the flagship company i.e. Videocon Industries Ltd. and was admitted under the IBC Framework and thereafter, made subject to the corporate insolvency resolution process (CIRP) before the NCLT, Mumbai Bench on 31.08.2018. The respondent no.3 company is, therefore, being represented in the present petition by the Resolution Professional (“RP”) appointed by the
Condition precedent for invocation of Section 241(2) of the Act, which requires the Central Government to come to an opinion that the affairs of the company “are being conducted in a manner prejudici....
The court established that the nature of challenge under Article 226 and the absence of jurisdiction could trigger the invocation of the High Court's jurisdiction. The court also clarified that the f....
Power can only be given by the board of directors of the company in exercise of its statutory power by passing the resolution under the provisions of Section 291 of the Companies Act in favour of a d....
The NCLT has jurisdiction to adjudicate insolvency petitions against personal guarantors even in the absence of pending CIRP against the corporate debtor, as per the provisions of the Insolvency and ....
When a specialized tribunal is empowered by statute to adjudicate disputes involving company oppression and mismanagement, including the authority to grant interim injunctions, the jurisdiction of ci....
The court emphasized the importance of raising challenges to jurisdiction before the appropriate forum and the availability of alternate remedies and statutory forums for redressal of grievances.
The availability of an equally efficacious alternative remedy does not bar the maintainability of a writ petition, and the NCLT has the power to regulate the conduct of a company's affairs and provid....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
