Debangana Ray
Published on June 30, 2022 at 20:07 20:10 IST
The Madras High Court Bench comprises of Justices T. Raja and K. Kumaresh Babu, has held that when an effective and statutory remedy lies before the appellate authority aggrieved parties cannot invoke Article 226 of the Constitution of India.
The petitioner had filed a Writ petition under Article 226 of the Constitution of India before the Madras HC seeking issuance of a writ of certiorari against an order passed by the National Company Law Tribunal in April, 2022.
The NCLT Bench directed the resolution professional to file an interim application under Section 106 of the Insolvency and Bankruptcy Code, 2016 on or before 29th April, 2022.
The High Court held that the Petitioner has an effective and statutory remedy before the Appellate Authority i.e. National Company Law Appellate Tribunal (NCLAT) and thus Article 226 of the Constitution of India cannot be invoked.
An appeal should have been filed before the NCLAT and not the High Court.
The Bench dismissed the writ petition and granted liberty to the Petitioner to raise its plea before the NCLAT.