Vishal Ganpat Shinde Vs Union of India (Bombay High Court)
Bombay High Court held that writ petition cannot be entertained in the face of availability of alternative remedy of approaching the NCLAT since claim of violation of principles of natural justice not established. Accordingly, writ petition dismissed.
Facts- These petitions have been filed by a suspended director of a corporate debtor (Gokul Sugar Industries Limited) and a financial creditor (M/s. Mohandas Chhataram), to challenge an order dated 09.09.2025 passed by National Company Law Tribunal, Mumbai (NCLT). The petitioners claim that although the alternative remedy of filing an appeal before the National Company Law Appellate Tribunal, Mumbai (NCLAT) is available to them, they are entitled to maintain these writ petitions, as there has been flagrant violation of principles of natural justice on the part of the NCLT, while passing the impugned order.
By the impugned order, the NCLT allowed the intervention applications filed by the respondents – Union Bank of India and Solapur District Central Co-operative Bank Limited (SDCCBL), both claiming to be the financial creditors of the corporate debtor, thereby holding that an application for withdrawal of Corporate Insolvency Resolution Process (CIRP), submitted by the Interim Resolution Professional (IRP), could not be allowed in view of the said respondents – banks/secured creditors objecting to such withdrawal.
