Article 226 read with section 7 of Insolvency and Bankruptcy Code, 2016 and rules 146 to 162 of NCLT Rules, 2016 dealing with disposal of cases and pronouncement of orders


Case: Kamal K Singh V. Union of India and others Writ Petition (L) No. 3250 of 2019

Constitution of India -
Article 226 read with section 7 of Insolvency and Bankruptcy Code, 2016 and rules 146 to 162 of National Company Law Tribunal Rules, 2016 dealing with disposal of cases and pronouncement of orders - Writ of certiorari Jurisdiction of High Court - Where under challenge is maintainability of a writ petition of certiorari on the ground that order of the National Company Law Tribunal admitting a petition under section 7 of the Code is a nullity being an order which is non-est having no force in law as there is no proof of evidence of transmission of the order by the court master and no record of pronouncement in terms of rule157 of the National Company Law Tribunal Rules, 2016 the petition for a writ of certiorari is held maintainable.

Once it is a nullity and cannot be allowed to stand, there is no alternative but to declare that all steps consequential to the order would also not survive, namely, the appointment of resolution professional, and every step/measure taken by him, and the same must fall to the ground. While the impugned order is nullified, the proceedings have not been quashed, the application under section 7 of the Code can be pursued and decided in accordance with law afresh.


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