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TMI Blog2020 (1) TMI 200X X X X Extracts X X X X X X X X Extracts X X X X ..... Kapoor, Adv. for R-6/SBI O R D E R D.N. PATEL, CHIEF JUSTICE (ORAL) CM APPL. 55410/2019 (exemption) 1. Allowed, subject to all just exceptions. 2. The application stands disposed of. W.P.(C) 13774/2019 & CM APPL. 55409/2019 (for stay) 1. This writ petition has been preferred with the following prayers: "A. Allow the present Writ Petition. B. A writ of and/or in the nature of Certiorari do issue calling upon the Ld. NCLT to transmit to this Hon'ble Court entire file in respect of the proceedings being Application No. CA- 2823 (PB)/ 2019 in Petition being No. (IB) -731 (PB)/ 2018 that the same may be quashed and conscionable justice done. C. Set Aside the impugned order dated 13.12.2019 passed by Respondent No. 2 i.e. Ld. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s been granted by the said Principal Bench against the encashment of the Bank Guarantee. 3. Much has been argued out by learned counsel for the petitioner about the jurisdictional error of NCLT, Principal Bench, New Delhi on basis of several sections including Section 3 (31), to be read with Section 14, to be read with Section 60 of the Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as "the Code 2016") 4. As the impugned order dated 13th December, 2019 passed by the NCLT is an appealable order under Section 61 of the Code, 2016, we are not entering into the merits of the case. 5. This is neither a case that a Labour Court is conducting a criminal case, nor a revenue Court is conducting a labour matter. In such eventuality, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on of the fundamental rights as alleged by the petitioner. 11. In view of the aforesaid facts, as an efficacious alternative remedy is available with the petitioner, we are not entertaining this writ petition and the same is disposed of without entering into the merits of the case. 12. As and when an appeal is preferred by the petitioner against the impugned order, all the issues which are raised in this writ petition are hereby permitted to be raised before the Appellate Tribunal, including encashment or otherwise of the Bank Guarantee, independent contract and respondent no. 9 has nothing to do with a separate contract between this petitioner and ICICI bank and others. 13. All these issues are kept open to be decided by the NCLAT. This ..... X X X X Extracts X X X X X X X X Extracts X X X X
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