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    <title>2021 (3) TMI 430 - CALCUTTA HIGH COURT</title>
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    <description>Alternative remedy under the Insolvency and Bankruptcy Code did not bar a writ petition where the challenge was framed as an allegation of lack of jurisdiction. The HC held that the distinction between absence of jurisdiction and erroneous exercise of existing jurisdiction was material, and the writ court could be invoked on that basis. It also held that property already attached by the municipal authority for recovery of statutory dues could be brought within the corporate insolvency resolution process, because the municipal claim had crystallised and formed operational debt. The municipal authority&#039;s recovery action did not displace the insolvency framework, and the challenge to the NCLT order failed.</description>
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    <pubDate>Fri, 29 Jan 2021 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=405102</link>
      <description>Alternative remedy under the Insolvency and Bankruptcy Code did not bar a writ petition where the challenge was framed as an allegation of lack of jurisdiction. The HC held that the distinction between absence of jurisdiction and erroneous exercise of existing jurisdiction was material, and the writ court could be invoked on that basis. It also held that property already attached by the municipal authority for recovery of statutory dues could be brought within the corporate insolvency resolution process, because the municipal claim had crystallised and formed operational debt. The municipal authority&#039;s recovery action did not displace the insolvency framework, and the challenge to the NCLT order failed.</description>
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