2023 (11) TMI 1172 - SCH - Insolvency and Bankruptcy

Maintainability of SLP - Special Leave Petitions/Civil Appeals have been filed prior to the adjudication under Section 100 of the Insolvency and Bankruptcy Code 2016 - HELD THAT - As the petitioners/appellants would be able to pursue all remedies before the Adjudicating Authority at the stage of Section 100, these Special Leave Petitions/Civil Appeals cannot be entertained. The Special Leave Petitions and Civil Appeals are accordingly dismissed.

Summary

Issues Involved:
1. Adjudication u/s 100 of the Insolvency and Bankruptcy Code 2016.
2. Remedies available to petitioners/appellants before the Adjudicating Authority.
3. Entertaining of Special Leave Petitions/Civil Appeals.

Summary:

Adjudication u/s 100 of the Insolvency and Bankruptcy Code 2016:
The Supreme Court noted that the Special Leave Petitions/Civil Appeals were filed prior to the adjudication under Section 100 of the Insolvency and Bankruptcy Code 2016. The Court emphasized that the petitioners/appellants have the opportunity to pursue all remedies before the Adjudicating Authority at the stage of Section 100.

Remedies available to petitioners/appellants before the Adjudicating Authority:
The judgment referenced a separate judgment delivered in "Dilip B Jiwrajka v Union of India Writ Petition (C) No 1281 of 2021 etc." which clarified that the petitioners/appellants could pursue all available remedies before the Adjudicating Authority during the adjudication process u/s 100.

Entertaining of Special Leave Petitions/Civil Appeals:
Given the above context, the Supreme Court declined to entertain the Special Leave Petitions/Civil Appeals. Consequently, these petitions and appeals were dismissed.

Disposition of Pending Applications:
The Court ordered that any pending applications related to these petitions and appeals stand disposed of.