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TMI Blog2018 (9) TMI 1927X X X X Extracts X X X X X X X X Extracts X X X X ..... inciples of natural justice and also in violation of Section 91 and Section 91A of the Maharashtra Co-operative Societies Act. 2. When the matter was called out, initially Shri Pereira appearing on behalf of the respondent No.3 raised preliminary objection to the tenability of the petition on the ground that petitioner has alternate efficacious remedy in view of Section 61 of the Insolvency and Bankruptcy Code, 2016 (hereinafter reffered to as "said Code") to prefer an appeal before the National Company Law Tribunal. It is submitted that the petition, therefore, without having taken recourse of Appellate Tribunal is not permissible in law. When we permitted learned Counsel for respondent No.3 to raise his preliminary objection, Shri Nedump ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o make arguments. We have refused his request for granting him further time. A Court burdened with more than 100 admissions per day cannot have the luxury of hearing the arguments endlessly only to satisfy the lawyer. He thereafter requested the Court that the Court should at least record that after 10 minutes he was not permitted to argue. We do record that after granting 10 minutes without interrupting his argument, we did not permit Shri Nedumpara from advancing further arguments. 5. Shri Nedumpara relying upon the Constitution Bench judgment of the Apex Court in the case of A.R. Anthulay vs. R.S. Nayak and another reported in [(1988) 2 SCC 602] basically submitted that the petitioner has not only a remedy of an appeal under the provisi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. 7. We, at the cost of repetition mention here that 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. 8. At this stage Shri Nedumpara prays for stay of the order passed by us. We do not unders ..... X X X X Extracts X X X X X X X X Extracts X X X X
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