This one-paragraph order dismissed a writ petition challenging a Debts Recovery Tribunal’s non-entertainment of an insolvency petition. The court held insolvency adjudication is a civil court matter. It noted no statutory provision enables WRT jurisdiction for insolvency, dismissed the petition and pending adjournments.
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.
THE HON’BLE THE ACTING CHIEF JUSTICE RAMESH RANGANATHAN
AND
THE HON’BLE Dr. JUSTICE SHAMEEM AKTHER
Writ Petition No.1352 of 2017
Order: (Per the Hon’ble The Acting Chief Justice Ramesh Ranganathan)
The petitioner’s remedy, of having his insolvency petition adjudicated, is before the competent Civil Court. While his grievance is that the Debts Recovery Tribunal is not entertaining his insolvency petition, no statutory provision which enables the petitioner to invoke the jurisdiction of the Debts Recovery Tribunal, for his being declared as an insolvent, has been brought to our notice.
Leaving it open to the petitioner to approach the Civil Court for redressal of his grievance, the writ petition is dismissed. Miscellaneous Petitions pending, if any, shall also stand dismissed. There shall be no order as to costs.
____
(RAMESH RANGANATHAN, ACJ)
(Dr. SHAMEEM AKTHER, J)
17th January, 2017
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THE HON’BLE THE ACTING CHIEF JUSTICE RAMESH RANGANATHAN
AND
THE HON’BLE Dr. JUSTICE SHAMEEM AKTHER
Writ Petition No.1352 of 2017
Date: 17.1.2017
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PETITIONER
RESPONDENT
RAMESH RANGANATHAN
SHAMEEM AKTHER
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
