HC upholds maintainability of writ petition under Article 226 ...

RBI's Regulatory Oversight Duties Can Be Challenged Through Writ Under Article 226 Despite Section 430 Companies Act

February 18, 2025

Case Laws Companies Law HC

HC upholds maintainability of writ petition under Article 226 concerning regulatory oversight of ECL. Petitioner challenged RBI's failure to exercise statutory powers regarding fund misappropriation by ECL directors. Court affirmed that statutory powers vested in public authorities imply duties enforceable through Article 226. Rejected argument regarding NCLT/NCLAT jurisdiction bar under Section 430 of Companies Act, 2013, noting NCLT lacks authority to issue prerogative writs to RBI. Court distinguished between NCLT proceedings and writ jurisdiction, emphasizing RBI's regulatory duties. Determined writ remedy appropriate where regulatory body fails to exercise statutory functions. Petition dismissed while upholding maintainability of original writ jurisdiction.

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HC upholds maintainability of writ petition under Article 226 ...

RBI's Regulatory Oversight Duties Can Be Challenged Through Writ Under Article 226 Despite Section 430 Companies Act

February 18, 2025

Case Laws Companies Law HC

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