Just a moment...

Top
Help
×

By creating an account you can:

Logo TaxTMI
>
Call Us / Help / Feedback

Contact Us At :

E-mail: [email protected]

Call / WhatsApp at: +91 99117 96707

For more information, Check Contact Us

FAQs :

To know Frequently Asked Questions, Check FAQs

Most Asked Video Tutorials :

For more tutorials, Check Video Tutorials

Submit Feedback/Suggestion :

Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters0/2000
TMI Blog
Home / TMI Blogs / RSS

Scope of judicial review under Article 226: supervisory, not appellate; factual reappraisal barred, challenge dismissed; insolvency professional duties upheld

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....The dominant issue is the scope of judicial review under Article 226: the Court reaffirmed that writ jurisdiction is supervisory not appellate, permitting interference only for decisions that are unreasonable, irrational, arbitrary or perverse; factual reappraisal is impermissible - challenge dismissed on this ground. On the substantive obligation of an insolvency professional, the Court held that statutory duties under Section 30(2), Section 29A, the Regulations and the Code of Conduct require active compliance, and ignorance of cancellation of an MSME certificate does not absolve responsibility - outcome: impugned findings upheld. Attempts to litigate factual merits not raised below and res judicata against a second show-cause notice were rejected; appeal dismissed. - HC....