NCLAT: Consideration of Debt Restructuring by Lenders Doesn’t Bar Member from Initiating Proceedings  ||  Delhi High Court: In Matters of Medical Evaluation, Courts Should Exercise Restraint  ||  Delhi HC: Any Person in India Has Right to Legally Import Goods from Abroad and Sell the Same  ||  Delhi HC: Waiver to Section 12(5) of Arbitration Act to be Given Once Tribunal is Constituted  ||  Supreme Court Has Asked States to Regularise Existing Court Managers  ||  SC: Union & States to Create Special POSCO Courts on Top Priority  ||  SC Upholds Authority of CERC to Award Compensation for Delays  ||  SC: Arbitral Tribunal Has Discretion to Include in Sum Awarded, Interest at Rate as it Deems Reasonab  ||  SC: Cannot Use Article 142 to Frame Guidelines on Judicial Recusal  ||  SC: Satisfaction Recorder in One EP Won’t Affect Subsequent EPs for Future Breaches    

Supreme Court: High Court can Intervene if NCLT Passes Order in Matter Relating to Public Law - (04 Dec 2019)

INSOLVENCY

Supreme Court has ruled that the High Court can exercise its power under Article 226 of Constitution of India if National Company Law Tribunal has passed an order pertaining to a matter falling under the realm of public law. The Court held that wherever the corporate debtor has to exercise a right that falls outside the purview of the Insolvency and Bankruptcy Code, 2016 they cannot through the resolution professional and go before the Tribunal for the enforcement of such a right.

Tags : SUPREME COURT   NCLT  

Share :        

Disclaimer | Copyright 2025 - All Rights Reserved