Concurrent writ and statutory appeal filings: dismissal set aside and the appeal restored for fresh disposal.

Concurrent pursuit of a writ petition and a statutory appeal was treated as impermissible, but dismissal of the appeal solely on that ground was found unduly harsh where the writ petition had later been withdrawn and the challenge to the NCLT order lay by statutory appeal under the Insolvency and Bankruptcy Code. The appeal was allowed, the NCLAT's order was set aside, and the statutory appeal was restored for fresh disposal.

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Issues: Whether the dismissal of the statutory appeal on the ground that the appellant had also filed a writ petition was justified, and whether the appeal required restoration for fresh disposal.

Analysis: The appellant had disclosed the writ petition in the memorandum of appeal, but the concurrent pursuit of a writ petition and a statutory appeal was impermissible. Since the writ petition was later withdrawn and the challenge to the NCLT order under Section 9 of the Insolvency and Bankruptcy Code, 2016 lay by way of statutory appeal before the NCLAT, the dismissal of the appeal solely on this ground was considered unduly harsh in the interests of justice.

Conclusion: The appeal was allowed, the impugned order of the NCLAT was set aside, and the statutory appeal was restored to the NCLAT for fresh disposal.

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