Bar Of Limitation Can't Be Avoided By Resorting To Article 136 When Statutory Appeal Available: Supreme Court
A Special Leave Petition filed against an order passed by National Company Law Appellate Tribunal, Chennai was dismissed yesterday by a three-Judge Bench of the Supreme Court comprising Chief Justice DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra. Pertinently, the Bench made an observation that a bar of limitation cannot be obviated or circumvented by taking recourse...
A Special Leave Petition filed against an order passed by National Company Law Appellate Tribunal, Chennai was dismissed yesterday by a three-Judge Bench of the Supreme Court comprising Chief Justice DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra.
Pertinently, the Bench made an observation that a bar of limitation cannot be obviated or circumvented by taking recourse of proceedings under Article 136 of the Constitution when a statutory appeal is available.
Noting that the impugned order was amenable to the court's appellate jurisdiction under Section 62 of the Insolvency and Bankruptcy Code, 2016, the court declined to entertain the petition filed under Article 136 of the Constitution.
The petition was dismissed both on the ground of delay, as well as on merits.
“We accordingly decline to entertain the Special Leave Petitions only on that ground leaving it open to the petitioner to adopt appropriate remedies in accordance with law,” said the order.
Counsels for petitioner(s): Advocates Haripriya Padmanabhan, Shiju Abraham Verghis, V Shyamohan, Shivani Vij, Anshika Bajpai and Tissy Annie Thomas; M/s. Kmnp Law
Counsels for respondent(s): Senior Advocate Siddhartha Dave with Advocates V Balachandran, Siddharth Naidu and Prithvi Raj JS; M/s. Ksn & Co.
Case Title: Gopal Krishnan MS & Anr. v. Ravindra Beleyur & Anr., Special Leave Petition (Civil) Diary No.2341/2023
Citation : 2024 LiveLaw (SC) 5