Case Note & Summary
The petitioner, Dr. E. Shanthi, filed a writ petition under Article 226 of the Constitution of India before the Madras High Court challenging an interim order dated 20.08.2025 passed by the National Company Law Tribunal (NCLT), Division Bench, Court-II, Chennai in Company Appeal (CA)/828/2020. The impugned order was a day order directing the respondent to file a reply within two days and listing the petition for hearing on 29.10.2025. The petitioner contended that the order was erroneous and sought its quashing. The High Court, upon perusal of the order, noted that the NCLT had merely granted an opportunity to file a reply and fixed a hearing date. The court observed that the order was an interim order passed by the NCLT. Referring to the statutory scheme under the Companies Act, 2013, the court held that any person aggrieved by an order of the NCLT may file an appeal before the National Company Law Appellate Tribunal (NCLAT) under Section 421 of the Companies Act, 2013. Further, an appeal against an order of NCLAT lies to the Supreme Court under Section 428 of the Act. The court concluded that the writ petition under Article 226 was not maintainable in view of the availability of an alternative statutory remedy. Accordingly, the writ petition was dismissed, granting liberty to the petitioner to work out her remedy before the appropriate forum. The connected miscellaneous petitions were disposed of.
Headnote
A) Constitutional Law - Maintainability of Writ Petition - Alternative Remedy - Article 226 of the Constitution of India - Writ petition challenging an interim day order of NCLT is not maintainable when a statutory appeal lies to NCLAT under Section 421 of the Companies Act, 2013 - The court held that the petitioner must exhaust the alternative remedy before approaching the High Court under Article 226 (Paras 3-4).
Issue of Consideration
Whether a writ petition under Article 226 of the Constitution of India is maintainable against an interim order of the National Company Law Tribunal (NCLT) when a statutory appeal lies to the National Company Law Appellate Tribunal (NCLAT) under Section 421 of the Companies Act, 2013.
Final Decision
The writ petition is dismissed as not maintainable. The petitioner is at liberty to work out her remedy before the appropriate forum in the manner known to law. No costs. Connected W.M.P.No.45456 of 2025 is ordered and W.M.P.No.45457 of 2025 is closed.
Law Points
- Writ petition under Article 226 not maintainable when alternative statutory remedy of appeal exists
- Interim order of NCLT appealable under Section 421 of Companies Act
- 2013
- Exhaustion of alternative remedy principle
