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Article 226 cannot be invoked if petitioners have statutory remedy before NCLAT

Case Law Details

TaxGuru Citation
2022 taxguru.in 2994
Case Name
Sunku Vasundhara Vs State Bank of India (Madras High Court)
Date of Judgement/Order
Only available for paid members
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Sunku Vasundhara Vs State Bank of India (Madras High Court)

These writ petitions have been filed, challenging the impugned order dated 29.04.2022 passed by the National Company Law Tribunal, Division II, Chennai Bench in I.B.A. Nos.720, 718 and 715/2020 respectively, wherein a direction was given to the Resolution Professional to file an Interim Application under Section 106 of the Insolvency and Bankruptcy Code, 2016 on or before 29.06.2022.

2. Since the petitioners are having effective and statutory remedy before the Appellate Authority, they cannot come to this Court invoking Article 226 of the Constitution of India. If they are aggrieved, they have to work out their remedy by filing an Appeal before the Appellate Authority.

3. Learned counsel for the petitioners brought to the notice of this Court that the petitioners were not even served with the copy of the report dated 01.04.2022.

4. Accordingly, these writ petitions stand dismissed with liberty to the petitioners to raise such plea before the Appellate Authority. Consequently, W.M.P. Nos.13619, 13620, 13623, 13624, 13627 & 13629 of 2022 are closed. No costs.

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