ORDER

(Hybrid Mode)

21.06.2024:

The Company Appeal (AT) (Ins) No. 370/2022, was adjudicated finally on merits by the Judgement rendered by this Appellate Tribunal on 19.10.2022. At the stage, when the final adjudication was made in the company appeal, which was emanating from the Judgement of 21.07.2022, which was rendered by NCLT, Hyderabad in CP(IB)150/9/HDB/2019, at that stage, this Tribunal was exercising its appellate power vested in it under Section 61 of I & B Code, 2016. It goes without saying that the I & B Code itself is a self-contained statute and is mandatory in nature too.Question which would ultimately emerge for consideration is as to whether any party aggrieved by the Judgment of this Tribunal, by overriding the jurisdiction of Hon’ble Apex Court under Section 62 of I & B Code, can invoke a writ jurisdiction under Article 226 of the Constitution of India and furthermore whether the writ courts in the exercise of their jurisdiction under Article 226 of the , under an equitable jurisdiction can condone delay and remit the Appeal back to this Appellate Tribunal to be decided afresh, by overriding the impact of limitation which is statutorily prescribed under special sta