Bombay High Court Fines Litigant ₹50,000 for Bypassing NCLAT Appeal and Misusing Writ Jurisdiction

The Bombay High Court has imposed a ₹50,000 cost on Shripal Sevantilal Morakhia for filing a writ petition against an NCLT order despite his appeal being pending before the NCLAT.

A Bench of Justices R.I. Chagla and F.P. Dubash held that the plea was not maintainable since the NCLT’s order had only been reserved and not pronounced. The Court said the petitioner tried to bypass the statutory appellate process and misuse writ jurisdiction.

The Court, noting that he persisted with arguments despite being informed of the petition’s non-maintainability, directed the cost to be paid to the Indian Red Cross Society, Mumbai.

[Shripal Sevantilal Morakhia v NCLT]