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V. M. VELUMANI, SUNDER MOHAN
Greeta Mani – Appellant
Versus
JJ Fincap Private Limited – Respondent
ORDER :
SUNDER MOHAN, J.
PRAYER: This Civil Revision Petition has been filed under Article 227 of the Constitution of India challenging the order passed by the National Company Law Tribunal, Chennai Bench I dated 22.08.2022 passed in M.A.No.17 of 2022 in CP(IB)/282/CHE/2021 on the file of the National Company Law Tribunal, Chennai Bench I and consequently, set aside the order dated 19.04.2022 initiating CIRP in CP(IB)/283/CHE/2021 on the file of the National Company Law Tribunal, Chennai Bench I.
This Civil Revision Petition has been filed challenging the order passed by the National Company Law Tribunal dated 22.08.2022 in M.A.No.17 of 2022 in CP(IB)/282/CHE/2021 and to consequently set aside the order dated 19.04.2022 initiating C.I.R.P. (Corporate Insolvency Resolution Process) in CP(IB)/282/CHE/2021 on the file of the National Company Law Tribunal, Chennai Bench I.
2.Heard Mr.R.Parthasarathy, learned counsel for the petitioner, Mr.P.H.Aravind Pandian, learned counsel for the first respondent and Mr.Anant Merathia, learned counsel for the second respondent.
3. The averments in the petition would show that, the petitioner has preferred an appeal before the NCLAT against the order date
The High Court shall not entertain petitions under Art.227 when statutory remedies by way of appeal are available.
Statutory rights to appeal supersede petitions under Article 227 when remedies are explicitly provided.
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.
The High Court cannot entertain Civil Revision Petitions under Article 227 where the IBC provides explicit appellate procedures.
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....
Petitioners should seek remedy through an appeal before the Appellate Authority rather than invoking Article 226 of the Constitution of India.
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