https://www.taxtmi.com/caselaws?id=305518 Availability of a statutory appeal under the Insolvency and Bankruptcy Code did not bar writ jurisdiction where the challenge alleged lack of jurisdiction and breach of natural justice, so the writ petitions were maintainable. The liquidation estate under the Code could include only assets legally forming part of the corporate debtor's estate and could not extend to third-party ownership interests; the impugned order was unsustainable to the extent it included the petitioners' mortgaged property. Because the proposed inclusion directly affected the petitioners' property rights, the Tribunal was required to afford notice and a hearing before taking a fresh decision. The order was set aside to that extent and the matter remitted for reconsideration after hearing the petitioners. en-us Fri, 09 Apr 2021 00:00:00 +0530 Fri, 09 Dec 2022 10:00:23 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=305518 Availability of a statutory appeal under the Insolvency and Bankruptcy Code did not bar writ jurisdiction where the challenge alleged lack of jurisdiction and breach of natural justice, so the writ petitions were maintainable. The liquidation estate under the Code could include only assets legally forming part of the corporate debtor's estate and could not extend to third-party ownership interests; the impugned order was unsustainable to the extent it included the petitioners' mortgaged property. Because the proposed inclusion directly affected the petitioners' property rights, the Tribunal was required to afford notice and a hearing before taking a fresh decision. The order was set aside to that extent and the matter remitted for reconsideration after hearing the petitioners. Case-Laws Insolvency and Bankruptcy Fri, 09 Apr 2021 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=305518