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IN THE HIGH COURT OF JUDICATURE AT MADRAS
T. RAJA, K. KUMARESH BABU, JJ.
Sunku Vasundhara & Others - Appellant
Versus
State Bank of India, Represented by Assistant General Manager, Chennai & Another - Respondent
W.P.Nos.14398, 14403 & 14406 of 2022 & W.M.P. Nos.13619, 13620, 13623, 13624, 13627 & 13629 of 2022
Decided On : 15-06-2022
Certiorari - National Company Law Tribunal - The court dismissed the writ petitions challenging the order of the National Company Law Tribunal, stating that the petitioners should seek remedy through an appeal before the Appellate Authority.
Fact of the Case:
The writ petitions were filed to challenge the order of the National Company Law Tribunal directing the Resolution Professional to file an Interim Application under Section 106 of the Insolvency and Bankruptcy Code, 2016.
Finding of the Court:
The court found that the petitioners should seek remedy through an appeal before the Appellate Authority and dismissed the writ petitions.
Issues: Challenging the impugned order of the National Company Law Tribunal and seeking relief through Article 226 of the Constitution of India.
Ratio Decidendi: The court held that since the petitioners have an effective and statutory remedy before the Appellate Authority, they cannot invoke Article 226 of the Constitution of India.
Final Decision: The writ petitions were dismissed with liberty to the petitioners to raise their plea before the Appellate Authority, and the related W.M.P. Nos. were closed with no costs.
JUDGMENT
(Prayer: Writ Petitions filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorari calling for the records in the Proceedings in I.B.A. Nos.720, 718 and 715/2020 respectively on the file of the Hon'ble National Company Law Tribunal, Division II, Chennai Bench and quash the impugned order dated 29.04.2022 passed by the Hon'ble National Company Law Tribunal, Division II, Chennai Bench.)
Common Order:
T. Raja, J.
1. These writ petitions have been filed, challenging the impugned order dated 29.04.2022 passed by the National Company Law Tribunal, Division II, Chennai Bench in I.B.A. Nos.720, 718 and 715/2020 respectively, wherein a direction was given to the Resolution Professional to file an Interim Application under Section 106 of the Insolvency and Bankruptcy Code, 2016 on or before 29.06.2022.
2. Since the petitioners are having effective and statutory remedy before the Appellate Authority, they cannot come to this Court invoking Article 226 of the Constitution of India. If they are aggrieved, they have to work out their remedy by filing an Appeal before the Appellate Authority. W.P.Nos.14398, 14403 and 14406 of 2022
3. Learned counsel for the petitioners brought to the notice of this Court that the petitioners were not even served with the copy of the report dated 01.04.2022.
4. Accordingly, these writ petitions stand dismissed with liberty to the petitioners to raise such plea before the Appellate Authority. Consequently, W.M.P. Nos.13619, 13620, 13623, 13624, 13627 & 13629 of 2022 are closed. No costs.
Petitioners should seek remedy through an appeal before the Appellate Authority rather than invoking Article 226 of the Constitution of India.
The High Court cannot entertain Civil Revision Petitions under Article 227 where the IBC provides explicit appellate procedures.
Operational Creditors can appeal orders impacting their claims, but must follow procedural protocols for obtaining relevant documents.
The High Court lacks jurisdiction to compel the NCLAT to expedite appeal proceedings, emphasizing judicial restraint and that any grievances about delays should be addressed directly to the tribunal.
A party cannot challenge a consent order in revision without first seeking modification before the same forum that passed the order.
The High Court cannot interfere with the decisions of the National Company Law Appellate Tribunal under Article 226 of the Constitution, as matters under the Insolvency and Bankruptcy Code are govern....
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