NCLAT Chennai: High Courts Should Not Entertain Writs When Statutory Appellate Remedy Exists

The Chennai Bench of the National Company Law Appellate Tribunal held that High Courts should not ordinarily exercise writ jurisdiction under Article 226 when a statutory appellate remedy is available against orders of the NCLT.

The Tribunal emphasised that litigants cannot bypass the prescribed appellate mechanism under company law and insolvency frameworks.

It further ruled that relief under Section 14 of the Limitation Act cannot be granted where a party approaches the wrong forum without bona fide intent.

Finding significant delay and lack of good faith, the NCLAT dismissed the appeal as time-barred.

[Mr. Rajeev Vidhyadharan @ Rajeev Anchal & Anr. v. P.J Mathews & Ors.]