Transcription of IN THE SUPREME COURT OF INDIA CIVIL APPELLATE …
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IN THE SUPREME COURT OF INDIA CIVIL APPELLATE …
REPORTABLEIN THE SUPREME COURT OF INDIACIVIL APPELLATE JURISDICTIONC ivil Appeal No. 9170 of 2019(@ Special Leave Petition (C) No. 22596 of 2019) M/s Embassy Property Developments Pvt. Ltd..Appellant(s)VersusState of Karnataka & Ors..Respondent(s)WITHC ivil Appeal No. 9171 of 2019(@ Special Leave Petition (C) No. 22684 of 2019)andCivil Appeal No. 9172 of 2019(@ Special Leave Petition (C) No. 22724 of 2019)J U D G M E N TV. Ramasubramanian, seminal questions of importance namely: i) Whether the High COURT ought to interfere, underArticle 226/227 of the Constitution, with an Order1passed by the National Company Law Tribunal in aproceeding under the Insolvency and Bankruptcy Code,2016, ignoring the availability of a statutory remedy ofappeal to the National Company Law APPELLATE Tribunaland if so, under what circumstances; andii) Whether questions of fraud can be inquired into bythe NCLT/NCLAT in the proceedings initiated under theInsolvency and Bankruptcy Code, 2016,arise for our consideration in these background are three appeals on hand, one filed by theResolution Applicant, the second filed by the Corporate Debtorthrough the Resolution Professional and the third filed b
Corporate Debtor represented by the Resolution Professional appeared through counsel and took notice and sought time to get instructions. Therefore, the High Court, by an Order dated 12.09.2019 adjourned the matter to 23.09.2019 and granted a stay of operation of the direction contained in the impugned
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