Case Note & Summary
The petitioner, Rajan Garg, acting as the Resolution Professional of Truly Creative Developers Pvt Ltd, filed a writ petition before the Bombay High Court against the Slum Rehabilitation Authority (SRA) and other respondents. The dispute pertained to a slum rehabilitation project. The court, upon hearing the matter, expressed strong displeasure and found the petition to be a complete abuse of the process of the court. The court noted that the Resolution Professional was attempting to misuse the writ jurisdiction for purposes not intended by law. The petition was dismissed with costs, and the court directed the Registry to ensure that no further such petitions are entertained without proper scrutiny. The judgment emphasized the need for Resolution Professionals to act within the bounds of their statutory duties under the Insolvency and Bankruptcy Code, 2016, and not to resort to frivolous litigation.
Headnote
A) Civil Procedure - Abuse of Process - Writ Petition - The court held that the petition was a complete abuse of the process of the court, as the Resolution Professional sought to bypass statutory remedies and used writ jurisdiction for collateral purposes. (Para 3)
Issue of Consideration
Whether the writ petition filed by the Resolution Professional was maintainable and not an abuse of the court's process.
Final Decision
The court dismissed the writ petition as a complete abuse of the process of the court, with costs.
Law Points
- Abuse of process of court
- Resolution Professional's duties
- Slum Rehabilitation Authority jurisdiction
- Writ jurisdiction limits
