HC accepts Writ petition although alternative remedy was available

Kolkata Municipal Corporation and another Vs Union of India and others (High Court Calcutta) Conclusion: Writ petition was maintainable despite the availability of an alternative remedy as the nature of challenge thrown in the writ petition was on the ground of absence of jurisdiction of Resolution Professional and the NCLT in IBC matters and not ‘wrongful exercise of the available jurisdiction’, thus bringing it within the fold of Article 226 of the Constitution. Held: In the present case, assessee had urged that the NCLT and the Resolution Professional had no jurisdiction to take contro...