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2022 (2) TMI 1255 - MADRAS HIGH COURTMaintainability of the Civil Revision Petition - as per Section 61 of the Insolvency and Bankruptcy Code, 2016, the petitioner has got remedy only before the National Company Law Appellate Tribunal - petitioner submitted that inspite of the provisions of Section 61 of the Insolvency and Bankruptcy Code, 2016, this Court can entertain the Civil Revision Petition filed under Article 227 of the Constitution - HELD THAT:- It is clear that as per Section 61 of the Insolvency and Bankruptcy Code, 2016, the petitioner has got remedy by way of an appeal before the National Company Law Appellate Tribunal. However, without exhausting the appeal remedy available to them, the petitioner has filed the Civil Revision Petition under Article 227 of the Constitution. On a perusal of the recent judgments of the Apex Court in AUTHORIZED OFFICER, STATE BANK OF TRAVANCORE AND ANOTHER VERSUS MATHEW K.C. [2018 (2) TMI 25 - SUPREME COURT], it is clear that when an appeal remedy is provided under the Act, the aggrieved party should exhaust the said remedy by filing an appeal before the Appellate Forum and the Writ Petition/Civil Revision Petition filed by them under Articles 226/227 of the Constitution is not maintainable. When the petitioner can raise all the grounds available to them under law before the Appellate Forum, the filing of the Civil Revision Petition under Article 227 cannot be entertained. The Civil Revision Petition filed under Article 227 of the Constitution challenging the order passed by the National Company Law Tribunal is not maintainable - the Civil Revision Petition is dismissed as not maintainable.
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