The Writ Court dismissed the petition maintaining that Article 226 proceedings are against the settled position not maintainable against NCLT orders, directing the petitioner to file an appeal.
Writ petition dismissed with liberty to approach appellate authority.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
WP(C) NO. 7077 OF 2022
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 17TH DAY OF MARCH 2022 / 26TH PHALGUNA, 1943
WP(C) NO. 7077 OF 2022
PETITIONER/S:
IDBI BANK LIMITED
REP BY SMT.LAKSHMI S. KUMAR.K., HAVING OFFICE AT KOTTAKKAL BRANCH, GHIYATHI TOWER, CHANGUVETTY, KOTTAKKAL, MALAPPURAM-676 501
BY ADV JOSEPH GEORGE
RESPONDENT/S:
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 7077 OF 2022
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P.V.KUNHIKRISHNAN, J
W.P.(C.) No. 7077 of 2022
Dated this the 17th day of March, 2022
JUDGMENT
The above writ petition is filed with following prayers :
a) Issue a writ of certiorari or other appropriate writs or directions or orders declaring that the said Exhibit P4 order is null and void and further direct the 1st respondent to follow the procedure as laid down in Section 22 of the IBC, 2016 and appoint Insolvency Professional as proposed by the petitioner.
b) Grant such other reliefs as this Honourable Court may deem fit just and proper in the facts and circumstances of the case and thus render justice c) Award cost of these proceedings.” [SIC]
the National Company Law Tribunal, Kochi Bench. In the light of several decisions of this Court including the judgment of the Division Bench in W.A.No. 1083/2020, it is a settled position that a writ petition under Article 226 of the Constitution of India is not maintainable against an order passed by the NCLT. Admittedly, the petitioner can challenge Ext.P4 order by filing an appeal before the appellate authority.
WP(C) NO. 7077 OF 2022
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Granting liberty to the petitioner to challenge Ext.P4 before the appellate authority, this writ petition is dismissed.
Sd/-
P.V.KUNHIKRISHNAN JUDGE
SKS
WP(C) NO. 7077 OF 2022
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APPENDIX OF WP(C) 7077/2022
PETITIONER EXHIBITS
Exhibit P1 A COPY OF THE ORDER DATED 21.12.2021 IN CP (IB) 29/KOB/2021 PASSED BY THE ADJUDICATING AUTHORITY Exhibit P2 A COPY OF THE CONSENT FORM DATED 20.1.2022 AND AFA DATED 26.11.2021 Exhibit P3 A COPY OF IA (IBC) 26/KOB/2022 DATED 25.01.2022 IN CP (IB) 29/KOB/2021 UNDER SECTION 22 (3) (B) OF THE INSOLVENCY AND BANKRUPTCY CODE, 2016 FILED BY THE PETITIONER Exhibit P4 A COPY OF THE ORDER DATED 09.02.2022 DISMISSING IA (IBC) 26/KOB/2022
2 issues framed by the court
Whether a writ petition under Article 226 is maintainable against an order passed by the NCLT.
Whether the petitioner can challenge the impugned order via writ or must seek remedies under the Code.
Colour shows how this judgement treated each authority
W.A.No. 1083/2020Distinguished¶27
IDBI Bank Limited
The Deputy Registrar National Company Law Tribunal, Kochi Bench
The Insolvency and Bankruptcy Board of India
Union of India
P.V.Kunhikrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
