The Hon’ble Supreme Court reiterated that a writ petition against an order of the NCLT is not maintainable when statutory provisions allow for an appeals mechanism.
By Communication Committee Posted On : September 25, 2026
| Davis Koottala Varkey & Ors. Vs. Samson T. George & Ors. [Civil Appeal arising out of Special Leave Petition (C) No. 18523 of 2026] (05.08.2026) |
The appeal challenged the order of the High Court of Kerala dated 21.04.2026 in O.P.(C) No. 1295 of 2026, by which a writ petition against an order of the NCLT passed during liquidation proceedings was entertained and an interim order was passed. SC observed that although the powers under Articles 226 and 227 of the Constitution cannot be whittled down by statutory provisions. However, in instances where proceedings are under a statute which itself frames a mechanism to challenge orders passed therein, judicial discipline requires that such orders be challenged within such statutory framework, and that orders under the Code must accordingly be assailed under the Code and not through a writ petition. It further observed that section 61 of the Code provides a right of appeal to any person aggrieved by an order of the AA under Part II, that right is couched in broad terms, and that the appeal provision uses the word order without specifying its nature. In such circumstances, judicial discipline would require the high court to refrain from entertaining a challenge to an order passed by the adjudicating authority under the provisions of the Code, particularly when the aggrieved person can raise his grievances in appeal. |