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2023 (11) TMI 316 - HC - Insolvency and BankruptcyJurisdiction of this Court under Article 226 of the Constitution of the India for recovery of outstanding dues - proceedings in respect of the same are already pending consideration before the NCLT - HELD THAT:- The learned Single Judge dismissed the petition holding that it was not open for the Petitioner to invoke the jurisdiction of this Court under Article 226 of the Constitution of the India for recovery of outstanding dues, as the proceedings in respect of the same are already pending consideration before the NCLT. It has not been disputed, that the issue of remittance of outstanding dues from the Department of Post is currently pending before the NCLT. Further, notice already stands issued to Department of Posts in respect of the application moved qua the dues. As such, we fail to understand the reasons holding back the Appellant from campaigning its cause before the NCLT - no fault can be found in the view taken by the learned Single Judge. There are no reason for this Court to exercise its extraordinary writ jurisdiction at this stage to parallelly consider the question of realisation of the NRRA in-question. That apart, the issue of remittance of outstanding dues by the Department of Posts is interconnected to the allegations of violation of Section 37(3) of the Act. Given the former is yet to be decided by NCLT, the allegations of violation of the Act not delved upon. There is no merit in the present appeal - Appeal dismissed.
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