Supreme Court of India · 2019-12-03
M/S Embassy Property Developments Pvt. ... vs The State Of Karnataka
- Citation / case number
- AIRONLINE 2019 SC 1652
- Court
- Supreme Court of India
- Petitioner
- M/S Embassy Property Developments Pvt. ...
- Respondent
- The State Of Karnataka
- Author
- V. Ramasubramanian
- Bench
- V. Ramasubramanian, Aniruddha Bose, Rohinton Fali Nariman
Judgment text excerpt
The Supreme Court addressed two key issues regarding the jurisdiction of the High Court under Article 226/227 concerning orders from the National Company Law Tribunal (NCLT) under the Insolvency and Bankruptcy Code, 2016 (IBC). The Court held that the High Court should refrain from interfering when a statutory remedy of appeal is available to the National Company Law Appellate Tribunal (NCLAT), except in exceptional circumstances. Additionally, the Court clarified that questions of fraud can be examined by the NCLT/NCLAT during proceedings under the IBC, thereby affirming the tribunal's authority to investigate such matters.