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2022 Supreme(Online)(Mad) 60813

MADRAS HIGH COURT
T.V.THAMILSELVI, J
L AND T INFRA INVESTMENTS PARTNERS – Appellant
Versus
EBENEZAR INBARAJ – Respondent


ORDER

(ORDER OF THE COURT WAS MADE BY M.DURAISWAMY, J.)

Challenging the order passed by the National Company Law Tribunal, Division Bench-II, Chennai, made in I.A.(IBC)/460/CHE/2021 in IBA/1099/2019, the petitioner has filed the above Civil Revision Petition under Article 227 of the Constitution of India.

2.At the outset, Mr.P.H.Arvind Pandian, learned senior counsel appearing for the 1st respondent raised objections with regard to the maintainability of the Civil Revision Petition for the reason that as per Section 61 of the Insolvency and Bankruptcy Code, 2016, the petitioner has got remedy only before the National Company Law Appellate Tribunal.

2.1.In support of his contentions, the learned senior counsel relied upon the following judgments:

(i) (2020) 13 Supreme Court Cases 308 [Embassy Property Developments Private Limited Vs. State of Karnataka and others] wherein the Hon'ble Supreme Court held as follows:

“...

10.In the backdrop of the facts narrated and in the light of the rival contentions extracted above, the first question that arises for consideration is as to whether the High Court ought to interfere, under Articles 226/227 of the Constitution, with an order [Vasudevan v. St

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