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1 - 10 of 27 (0.22 seconds)Section 131 in The Electricity Act, 2003 [Entire Act]
The Companies Act, 2013
Section 61 in The Companies Act, 2013 [Entire Act]
Balmer Lawrie & Co. Ltd. & Ors vs Partha Sarathi Sen Roy & Ors on 20 February, 2013
On this point it would be useful to refer to
the judgment in the case of Balmer Lawrie & Company Limited & Ors. Vs.
Partha Sarathi Sen Roy & Ors. reported in (2013) 9 SCC 345, wherein at
Para-18 & 20 thereof, which is reproduced hereinbelow, it has been held as
follows: -
M/S Embassy Property Developments Pvt. ... vs The State Of Karnataka on 3 December, 2019
24. On the question of the availability of alternate remedy, the
decision in the case of Embassy Property Developments Private Limited vs.
State of Karnataka & Ors. reported in (2020) 13 SCC 308, at Para-10 & 11
thereof, which are relevant has held as follows: -
Vasudevan vs State Of Karnataka on 21 January, 2022
(2018) 1 SCC (Civ) 356: AIR 2017 SC 4084) it is an
exhaustive code on the subject-matter of insolvency in
relation to corporate entities and others. It is also true that the
IBC, 2016 is a single Unified Umbrella Code, covering the
entire gamut of the law relating to insolvency resolution of
corporate persons and others in a time-bound manner. The
Code provides a three-tier mechanism, namely, (i) the NCLT,
which is the adjudicating authority, (ii) the NCLAT, which is
the appellate authority, and (iii) this Court as the final
authority, for dealing with all issues that may arise in relation
to the reorganisation and insolvency resolution of corporate
persons. Insofar as insolvency resolution of corporate debtors
and personal guarantors are concerned, any order passed by
the NCLT is appealable to NCLAT under Section 61 of the
IBC, 2016 and the orders of the NCLAT are amenable to the
appellate jurisdiction of this Court under Section 62. It is in
this context that the action of the State of Karnataka in
bypassing the remedy of appeal to NCLAT and the act of the
High Court in entertaining the writ petition against the order
(Vasudevan v. State of Karnataka, 2019 SCC OnLine NCLT