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december 2019

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.

M/S Embassy Property Developments Pvt. ... vs The State Of Karnataka · Niyam