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ARTICLE · 28 FEBRUARY 2020

Orders Under Insolvency And Bankruptcy Code W.R.T Corporate Persons - January 2020

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High Court can interfere under Article 226/227 of the Constitution against NCLT order, which lacks jurisdiction on a particular matter.

IndiaInsolvency/Bankruptcy/Re-Structuring

1. High Court can interfere under Article 226/227 of the Constitution against NCLT order, which lacks jurisdiction on a particular matter.

Embassy Property Development Private Limited Vs State of Karnataka & Ors.
[Civil Appeal No. 9171 of 2019 and Civil Appeal No. 9172 of 2019.]

In above referred civil appeals, the questions before the Hon'ble Supreme Court were:

  1. Whether the High Court ought to interfere, under Article 226/227 of the Constitution, with an Order passed by the National Company Law Tribunal in a proceeding under the Insolvency and Bankruptcy Code 2016, ignoring the availability of a statutory remedy of appeal to the National Company Law Appellate Tribunal and if so, under what circumstances; and

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