IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M.Subramaniam, C.Kumarappan, JJ
Dr.E.Shanthi – Appellant
Versus
M/s.Unittas Multi-Speciality Hospital Pvt.Ltd. – Respondent
W.P.No.40510 of 2025 | W.M.P.No.45457 OF 2025
| Table of Content |
|---|
| 1. challenge to nclt's day order. (Para 1 , 2) |
| 2. aggrieved parties to appeal to nclat. (Para 3) |
| 3. writ petition not maintainable. (Para 4) |
(Order of the Court was made by S.M.Subramaniam J.)
The present Writ Petition has been instituted, challenging the order dated 20.08.2025 of the National Company Law Tribunal (NCLT), Division Bench, Court-II, Chennai.
2. A perusal of the order would show that it is a day order, wherein NCLT observed as follows:
"Reply has not been filed inspite of final opportunity.
Respondent brought to the notice due to technical difficulties, he could not file reply. However, reply is ready. Respondent is directed to file reply within 2 days and Registry is directed to facilitate e-filing of reply.
Rejoinder, if any, be filed within 2 weeks.
List the Petition for hearing on 29.10.2025."
3. The day order has been challenged in the present Writ Proceedings. Pertinently, the order has been passed by the National Company Law Tribunal and appeal against an interim order of NCLT would lie before National Company Law Appellate Tribunal (NCLAT) in terms of Section 421 of the Companies Act, 2013. Any person aggrieved by any order of the Appellate Tribunal may file an appeal before the Supreme Court of India under Section 428 of the Companies Act, 2013.
4. This being the Scheme under the Act, the present Writ Petition filed under Article 226 of the Constitution of India is not maintainable. Thus, the petitioner is at liberty to work out her remedy before the appropriate forum in the manner known to law.
Consequently, the Writ Petition is dismissed. No costs. Connected W.M.P.No.45456 of 2025 is ordered. W.M.P.No.45457 of 2025 is closed.
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