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    <title>2019 (3) TMI 1688 - Bombay High Court</title>
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    <description>Writ jurisdiction was held prima facie maintainable despite an alternative statutory remedy because exceptions such as lack of jurisdiction, violation of natural justice, constitutional challenge and vires issues may justify intervention. On the insolvency challenge, the Court found a prima facie jurisdictional defect where the NCLT order appeared to have been pronounced by one member before the other member&#039;s concurrence, contrary to the requirement of a two-member bench acting together. It also held prima facie that the insolvency petition appeared time-barred and could not be revived merely by transfer. The impugned NCLT and appellate orders were stayed, and protective interim relief was granted.</description>
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    <pubDate>Mon, 04 Mar 2019 00:00:00 +0530</pubDate>
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      <title>2019 (3) TMI 1688 - Bombay High Court</title>
      <link>https://www.taxtmi.com/caselaws?id=285028</link>
      <description>Writ jurisdiction was held prima facie maintainable despite an alternative statutory remedy because exceptions such as lack of jurisdiction, violation of natural justice, constitutional challenge and vires issues may justify intervention. On the insolvency challenge, the Court found a prima facie jurisdictional defect where the NCLT order appeared to have been pronounced by one member before the other member&#039;s concurrence, contrary to the requirement of a two-member bench acting together. It also held prima facie that the insolvency petition appeared time-barred and could not be revived merely by transfer. The impugned NCLT and appellate orders were stayed, and protective interim relief was granted.</description>
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