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Supreme Court of India 2019-12-03 dismissed

M/S EMBASSY PROPERTY DEVELOPMENTS PVT. LTD vs THE STATE OF KARNATAKA

Bench: 3 — Rohinton Fali Nariman, Aniruddha Bose, V. Ramasubramanian

In Brief

The Supreme Court examined whether the High Court could entertain a writ petition challenging a National Company Law Tribunal (NCLT) order despite a statutory appeal remedy to NCLAT. A mining company in insolvency sought deemed extension of its mining lease under the Mines & Minerals Act, 1957. The NCLT granted relief, but the High Court stayed the order, finding NCLT lacked jurisdiction over public law disputes involving administrative decisions. The Court held that while NCLT can inquire into fraud allegations, it cannot adjudicate disputes concerning statutory authority decisions, which require judicial review. Thus, the High Court was justified in entertaining the writ petition where NCLT exercised powers not vested in it by law. Appeals dismissed.

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Insolvency and Bankruptcy Law Corporate Law Judicial Review Administrative Law Statutory Interpretation Jurisdiction of Tribunals Mines and Minerals Regulation Writ Petition

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