9911796707
TMI BlogPower of NCLT/NCLAT vis-à-vis writ jurisdiction of the high court.X X X X Extracts X X X X X X X X Extracts X X X X ..... ution of India if there is no statutory remedy ignoring availability of a statutory remedy of appeal to the National Company Law Appellate Tribunal (NCLAT); If questions of fraud can be inquired into by NCLT/NCLAT in proceedings initiated under IBC, 2016 ; Facts: M/s. Tiffins Barytes Asbestos Paints Ltd, being the Corporate Debtor, a mining lease as granted by the Government o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ss as initiated by the related parties of the Corporate Debtor themselves, with a view to corner/gain the benefits of mining lease. The Resolution Applicant, the Resolution Professional and the Committee of Creditors have come up with the present appeals before the hon'ble apex court. Contentions/Issues: IBC, 2016 being a full fledged law and a Code in its ownself, whether a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of sand. Much of the superstructure has already crumbled. What remains is likely quickly to fall away as the courts rightly insist that all administrative action should be lawful, whether or not jurisdictionally correct. ) Thus the essence of any order being its legality should not be confused or diverted by raising plea of jurisdiction or any other error in law. Finally the issue was la ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... se of cornering the mine and the mining lease/s. In these peculiar circumstances NCLT could inquire into allegations of fraud. Held that though NCLT and NCLAT would have jurisdiction to enquire into questions of fraud, they would not have jurisdiction to adjudicate upon disputes such as those arising under MMDR Act, 1957 and the rules issued there under, especially when the disputes revolve ar ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
