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Civil · Reportable judgment

Mohammed Enterprises (Tanzania) Ltd. vs Farooq Ali Khan & Ors.

Court
Supreme Court of India
Date
3 January 2025
Case No.
Civil Appeal No. 48 of 2025
Result
Allowed
Bench
Pamidighantam Sri Narasimha, Manoj Misra
Citation
[2025] 1 S.C.R. 177 : 2025 INSC 25
Acts & Sections
Insolvency and Bankruptcy Code, 2016
Supreme Court Reports [2025] 1 S.C.R. 177 : 2025 INSC 25
Issue for consideration
Whether the High Court was justified in interdicting CIRP proceedings under the Insolvency and Bankruptcy Code.
Headnote

Insolvency and Bankruptcy Code, 2016 – s.60(5)(c) – The High Court exercised the power of judicial review and interdicted Corporate Insolvency Resolution Process – Correctness: Held: The jurisdiction and power of the Adjudicating Authority under Section 60(5)(c) has already been reiterated by this Court in its various decisions – In the instant case, it is important to note that CIRP proceedings commenced on 26.10.2018, six years ago, and the resolution plan of the appellant was approved in 2020, four years back – The importance of concluding the CIRP proceedings was highlighted by this Court, on a number of occasions – It is also settled that an unjustified interference with the proceedings initiated under the Insolvency and Bankruptcy Code 2016, breaches the discipline of law – In view of the delay in approaching the High Court, particularly when respondent no.1 himself has initiated proceedings under the Code by filing interlocutory applications seeking similar relief, this Court is of the opinion that High Court committed an error in entertaining the writ petition – Apart from delay and laches, High Court should have noted that Insolvency and Bankruptcy Code is a complete code in itself, having sufficient checks and balances, remedial avenues and appeals – Adherence of protocols and procedures maintains legal discipline and preserves the balance between the need for order and the quest for justice – The supervisory and judicial review powers vested in High Courts represent critical constitutional safeguards, yet their exercise demands rigorous scrutiny and judicious application – This is certainly not a case for the High Court to interdict CIRP proceedings under the Insolvency and Bankruptcy Code. [Paras 13, 14, 15]

Keywords: Judicial Review by High Court · Supervisory powers of High Court · Corporate Insolvency Resolution Process · Sufficient checks and balances · Remedial avenues · Appeals · Adherence of protocols · Procedures · Discipline of law · Constitutional safeguards · Judicious application · Need for order · Quest for justice

As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Ankit Gyan In State Bank of India & Ors. v. Consortium of Mr. Murai Lal Jalan & Ors; 2024 SCC Online SC 3187 pars 151 and 152.. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

Judgment 1. Leave Granted. 2. These appeals under Article 136 of the Constitution are against the judgment of the High Court of Karnataka exercising power of judicial review1 interdicting Corporate Insolvency Process culminating in the acceptance of a resolution plan by the Committee of Creditors in minutes of meeting dated 11.02.2020. In this batch of matters, there are three appeals, one by the successful resolution applicant METL, the other by the Bank comprising the Committee of Creditors, and the third appeal by the Resolution Professional appointed by the adjudicating authority to cond
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