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Insolvency and BankruptcyDecember 5, 2019Case LawsSC
Whether the High Court ought to interfere, under Article 226/227 of the Constitution, with an Order passed by the National Company Law Tribunal in a proceeding under the Insolvency and Bankruptcy Code, 2016, ignoring the availability of a statutory remedy of appeal to the National Company Law Appellate Tribunal and if so, under what circumstances? - NCLT and NCLAT would not have jurisdiction to adjudicate upon disputes such as those arising under MMDR Act, 1957 - HC was justified to interfere.
Whether the High Court ought to interfere, under Article 226/227 of the Constitution, with an Order passed by the National Company Law Tribunal in a proceeding under the Insolvency and Bankruptcy Code, 2016, ignoring the availability of a statutory remedy of appeal to the National Company Law Appellate Tribunal and if so, under what circumstances? - NCLT and NCLAT would not have jurisdiction to adjudicate upon disputes such as those arising under MMDR Act, 1957 - HC was justified to interfere.
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