https://www.taxtmi.com/caselaws?id=406537 A writ of mandamus under Article 226 will not lie where the real dispute is a private contractual claim for recovery of money and no public law element is shown. The Calcutta HC noted that the grievance over fresh lease deeds was in substance a commercial loan recovery dispute involving companies in liquidation, and that the creditors had already lodged their claims before the Official Liquidator. In that setting, the dues of the liquidation estate had to be pursued in the winding-up forum, and writ jurisdiction was not appropriate to declare registered lease deeds non est on the facts presented. The challenge to the fresh leases therefore failed, while other lawful remedies remained open. en-us Fri, 26 Mar 2021 00:00:00 +0530 Fri, 16 Apr 2021 08:56:46 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=406537 A writ of mandamus under Article 226 will not lie where the real dispute is a private contractual claim for recovery of money and no public law element is shown. The Calcutta HC noted that the grievance over fresh lease deeds was in substance a commercial loan recovery dispute involving companies in liquidation, and that the creditors had already lodged their claims before the Official Liquidator. In that setting, the dues of the liquidation estate had to be pursued in the winding-up forum, and writ jurisdiction was not appropriate to declare registered lease deeds non est on the facts presented. The challenge to the fresh leases therefore failed, while other lawful remedies remained open. Case-Laws Companies Law Fri, 26 Mar 2021 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=406537