If the petitioners are having effective and statutory remedy before the NCLAT, they cannot come to High Court invoking Article 226 of the Constitution of India – Mrs. Sunku Vasundhara Vs. State Bank of India – Madras High Court
These writ petitions have been filed, challenging the impugned order dated 29.04.2022 passed by the NCLT, Division II, Chennai Bench, wherein a direction was given to the Resolution Professional to file an Interim Application under Section 106 of the IBC on or before 29.06.2022. The Hon’ble Court held that since the petitioners are having effective and statutory remedy before the Appellate Authority, they cannot come to this Court invoking Article 226 of the Constitution of India. If they are aggrieved, they have to work out their remedy by filing an Appeal before the Appellate Authority.
