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DELHI HIGH COURT
C.HARI SHANKAR
RCI Industries and Technologies Ltd. – Appellant
Versus
Adjudicating Authority (NCLT-III) – Respondent
| Table of Content |
|---|
| 1. article 227 jurisdiction overview (Para 1) |
| 2. judicial limitations under article 227 (Para 2 , 12) |
| 3. contentions about documentation and jurisdiction (Para 3 , 4 , 5 , 6 , 7 , 10 , 11) |
| 4. appeal and procedural history overview (Para 8 , 9 , 17 , 18 , 19 , 20 , 21) |
| 5. interpretation of article 227 with case precedents (Para 13 , 15) |
| 6. final rulings and dismissal of the petition (Para 22 , 23 , 24) |
1. The prayer in this petition, under Articled 227 of the Constitution of India, is essentially to guide the learned National Company Law Tribunal ("the learned NCLT") on how to adjudicate cases pending before it.
2. Such a prayer, in my view, is completely untenable in law and an attempt at even countenancing such a prayer would amount to serious judicial overreach.
3. The proceedings emanate from a petition under Section 9 of the Insolvency and Bankruptcy Code (IBC), instituted by the Standard Chartered Singapore (SCS) before the learned NCLT. It appears that, on the basis of transactions covered by invoices issued between 28th September 2018 and 6th January 2019, SCS contended that the petitioner owed, to it, an amount of Rs.22 crores. In view of the
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