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        IBC

        HC dismissed the writ petition as non-maintainable due to...

        Legal Challenge Rejected: IBC Section 42 Appeal Window Missed, Statutory Remedy Path Mandates Strict Procedural Compliance

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                          Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                            Provisions expressly mentioned in the judgment/order text.
                                HC dismissed the writ petition as non-maintainable due to availability of alternative statutory remedy under the Insolvency and Bankruptcy Code, 2016. The petitioners failed to utilize the specific mechanism under Section 42 for appealing the Liquidator's order within the prescribed 14-day limitation period. The Court emphasized that IBC is a comprehensive legislative framework with a structured three-tier remedial mechanism, and bypassing this statutory process constitutes misuse of legal proceedings. The petition was rejected, reinforcing the principle of exhausting statutory remedies before invoking extraordinary writ jurisdiction.
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