2017 (8) TMI 1523

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..... or the Respondent : Mr. Subhankar Chakraborty, Mr. Rajarshi Dutta, Ms. Sarada Hariharan ORDER An order dated July 31, 2017 admitting a petition under Section 17 of the Insolvency and the Bankruptcy Code, 2016 is under challenge in the present writ petition. Learned Senior advocate for the petitioner relies upon a judgement and order dated April 7, 2017 passed in W.P. 7144 (W) of 2017 (Sree Meta .....

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..... nos.1 & 2 are represented. I have considered the rival contentions of the parties and the materials made available on record. It appears that, the respondent no.3 had applied under Section 9 of the Code of 2016. Sree Metaliks Limited(supra) is of the view that NCLT has adhere with the principles of natural justice. The respondents before the NCLT is entitled to one opportunity of hearing. Heari .....

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..... passed by the NCLT is appealable. The existence of statutory alternative remedy is not an absolute bar to the maintainability of writ petition, if the writ petitioner is able to demonstrate and substantiate that, there is a breach of fundamental right or that there is breach of principles of natural justice or that the authority has acted without jurisdiction. In the present case, it appears that .....

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