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2019 (3) TMI 1688 - BOMBAY HIGH COURTMaintainability of application - initiation of CIRP - constitutional validity of section 231 of the Insolvency and Bankruptcy Code, 2006 - Petitioner submitted that under the first part of section 231 of the IB Code, no civil Court shall have jurisdiction in respect of any matter in which the adjudicating authority is empowered by, or under, this IB Code to pass any order - whether exceptional case is made out warranting interference under Article 226 of the Constitution of India instead of relegating the petitioner to efficacious alternative remedy? HELD THAT:- It is well recognized and fundamental judicial procedure that if the judgment has to be pronounced by any one of the two or more judges, who heard the case, it will be pronounced only after the transcript of the judgment has/have been initialed by all the judges who have heard the case. Thus prima facie one page corrigendum issued upon pointing out the gross illegality would not cure the non-est purported judgment/ order dated 28th August, 2018. The manner in which the matter has been dealt by the adjudicating authority would shock the conscience of the Court. The High Court is required to exercise its extraordinary jurisdiction under Article 226 of the Constitution so as to prevent miscarriage of justice and/or to correct and/or to meet out justice. There are merit in the contention of the petitioner that winding up petition filed by the respondent only on 21st October, 2016 was time barred as it was filed after more than 3 years from the date of cause of action as claimed by the respondent No.2 in a suit filed earlier - We, however, prima facie find that such winding-up petition which itself was time barred and hence, non-est will not revive merely because it is transferred to the adjudicating authority. The petitioner has made out a case for admission - issue raised in the petition requires detailed consideration - Petition admitted.
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