1 A Company Petition1 has been filed before the National Company Law Tribunal2 by the first respondent claiming oppression and mismanagement.

The petitioner challenged the maintainability of the Company Petition.

The objections were heard by the NCLT and the judgment was reserved on 13 March 2023.

2 At this stage, the first respondent moved the High Court in its jurisdiction under Article 227 of the Constitution seeking a direction, inter alia, that the judgment should not be pronounced by the NCLT.

3 The High Court by its impugned judgment dated 17 March 2023 issued notice and directed that judgment in IA No 71/CB/2022 should not be pronounced till the next date of hearing. The writ appeal against the order of the Single Judge has been dismissed on 22 August 2023 on the ground of delay.

4 The High Court was not justified in entertaining a writ petition under Article 227 of the Constitution at the stage when arguments had been addressed on the IA filed by the petitioner, raising an objection to the maintainability of the main petition before the NCLT. The High Court ought not to have impeded the process of the NCLT pronouncing the judgment.