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2018 (9) TMI 1927 - HC - Companies LawJurisdiction - principles of natural justice - violation of Section 91 and Section 91A of the Maharashtra Co-operative Societies Act - alternate efficacious remedy in view of Section 61 of the Insolvency and Bankruptcy Code, 2016 - HELD THAT:- In the present case the party has not only one but two alternate remedies available. One remedy that is available is under Section 61 of the said Code to prefer an appeal before the National Company Law Appellate Tribunal. The party has also further remedy under Section 62 of the said Code to prefer an appeal if it is aggrieved by an order of the Appellate Tribunal, before the Hon'ble Supreme Court on question of law. Upon perusal of pleadings and prayer clauses of the petition it would reveal that petition is based on various questions of law that have been framed by the petitioner. Even if the petitioner fails before the learned Appellate Tribunal, the petitioner can very well raise the questions of law which are sought to be raised in the present petition, before the Hon'ble Supreme Court. When the Court is flooded with thousands of petitions, we do not expect the petitioner to approach this Court under Article 226 of the Constitution of India. The Court cannot have the luxury to entertain the petition when the petitioner has not only alternate but equally efficacious remedy in law. Hence the petition is dismissed on the ground of availability of alternate remedy in law. Perusal of the record would reveal that there is no interim protection granted by the earlier Bench when the petition was entertained. Shri Nedumpara states that there was no written order passed by the Court but one of the Bench granted oral protection. The Court proceeds on the basis of the record that is available before it. Notice of Motions are disposed of.
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