The Supreme Court in the case Gopal Krishnan MS and Anr. v. Ravindra Beleyur and Anr., observed wherein the special leave petition is moved against an order passed by National Company Law Appellate Tribunal, Chennai was dismissed by the court. The three-Judge Bench of the Supreme Court comprising Chief Justice DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra was hearing the present matter.
The bench in the case observed that the bar of limitation cannot be obviated or circumvented by taking recourse of proceedings which are initiated under Article 136 of the Constitution of India when a statutory appeal is available. The court noted that the impugned order was amenable to the court’s appellate jurisdiction under Section 62 of the Insolvency and Bankruptcy Code, 2016.
The court in the case observed and has declined to entertain the petition filed under Article 136 of the Constitution of India.
The court dismissed the plea which being both on the ground of delay, as well as on merits. The court while considering the facts and circumstances of the case stated that this court decline to entertain the Special Leave Petitioner only on that ground leaving it open to the petitioner to adopt appropriate remedies in accordance with law. Accordingly, the court dismissed the plea.
The counsel, Advocates Haripriya Padmanabhan, Shiju Abraham Verghis, V Shyamohan, Shivani Vij, Anshika Bajpai and Tissy Annie Thomas; M/s. Kmnp Law appeared for the Petitioner.
The counsel, Advocates Senior Advocate Siddhartha Dave with Advocates V Balachandran, Siddharth Naidu and Prithvi Raj JS; M/s. Ksn & Co. represented the respondents.
