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“The present case does not involve a straightforward financial debt-fault scenario warranting initiation of CIRP. The facts disclose a dispute which is predominantly contractual in nature and is subject matter of the proceedings before the DRT-the appropriate forum for recovery.”
“Section 94 of IBC gives remedy to “debtor’ only to either apply personally or through a Resolution Professional to the Adjudicating Authority for initiating the insolvency resolution process.”
No reasonable body of persons or a prudent government or public body can overlook such glaring aspects that a person who is a defaulter of such enormous public money can be recognised to even continue to be a contractor irrespective of its existing contracts which are lucrative toll contracts awarded by public bodies / Governments. Would it not amount to a daylight fraud on the public exchequer ?
“This is a case that clamours for the exercise of judicial conscience to address the conundrum of whether an individual’s right to recover arrears in maintenance subsists even after the expiry of the period stipulated in section 125(3) CrPC.”
“The scope of writ jurisdiction cannot be allowed to trounce the statutory obligation, on the stratagem of efficacious alternate remedy.”
Telangana High Court: The Division Bench of A. Rajasheker Reddy and T. Vinod Kumar, JJ., dismissed a petition challenging the sale notice
Kerala High Court: A. Muhamed Mustaque, J. disposed of the original petition, allowing the application for setting aside ex parte order and
Kerala High Court: Shaji P. Chaly, J. dismissed a petition challenging initiation of recovery proceedings against the share of the defaulter in
Delhi High Court: A Single Judge Bench comprising of Vinod Goel, J. dismissed a petition against the order of District and Sessions Judge,
Kerala High Court: A Single Judge Bench comprising of Dama Seshadri Naidu, J. while hearing an original petition in a debt recovery