VidhiSangh

Supreme Court of India · 02/01/2025

MOHAMMED ENTERPRISES (TANZANIA) LTD. versus FAROOQ ALI KHAN & ORS.

[2025] 1 S.C.R. 177 · 2025 INSC 25

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Summary

The Supreme Court set aside a Karnataka High Court judgment that, in writ jurisdiction, quashed a resolution plan approved by the Committee of Creditors in 2020 for want of notice to a suspended director. The writ petition was filed almost three years after the meeting, the director had already invoked the remedy under the Insolvency and Bankruptcy Code on the same grounds, and the Code is a complete code with its own remedies, so the High Court should not have interdicted the CIRP.

Issues

  1. Whether the High Court should have entertained a writ petition under Article 226 challenging the Committee of Creditors' approval of a resolution plan, filed about three years after the meeting complained of.
  2. Whether the High Court ought to have relegated the suspended director to the remedy under the Insolvency and Bankruptcy Code, which he had already invoked on the same grounds.

Provisions considered

Held

Result

Appeals allowed; the High Court's judgment dated 22.04.2024 in W.P. No. 483 of 2023 set aside; Adjudicating Authority directed to resume the proceedings from the stage at which they were interdicted and complete them expeditiously; no order as to costs.

Judgment PDF: Supreme Court of India, [2025] 1 S.C.R. 177.