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High Court for State of TelanganaWP/3284/2020dismissed no costs

M/S Wisdom It Services India Private Limited v. The National Company Law Tribunal - Court Hall - I And Another

2020-02-28Raghvendra Singh Chauhan,A.Abhishek Reddy3 pages

HIGH COURT FOR THE STATE OF TELANGANA THE HON'BLE THE CHIEF JUSTICE SRI RAGHVENDRA SINGH CHAUHAN AND THE HON'BLE SRI JUSTICE A. ABHISHEK REDDY WRIT PETITION No.3284 of 2020 28.02.2020 Between:

M/s. Wisdom IT Services India Private Limited ... Petitioner and The National Company Law Tribunal and another

...Respondents

Counsel for the petitioner : Mr. Mohammed Obaid Ur Rahman Counsel for the respondents: Mr. Namavarapu Rajeshwar Rao, Assistant Solicitor General The Court made the following:

HCJ&AAR,J W.P.No.3284 of 2020 ORDER: (Per the Hon'ble the Chief Justice Sri Raghvendra Singh Chauhan) The petitioner has challenged the legality of the show cause notice, dated 17.01.2020, issued by the National Company Law Tribunal, Hyderabad Bench.

Mr. Mohammed Obaid Ur Rahman, the learned counsel for the petitioner, claims that there is large number of litigation between the petitioner and the respondent No.2, Falcon Minds Consulting Private Limited. Therefore, this present writ petition has been filed seeking for some relief from this Court.

However, the writ petition is highly misconceived. Firstly, a show cause notice does not violate a civil or fundamental right. Therefore, the jurisdiction of this Court, under Article 226 of the Constitution of India, cannot even be invoked. Secondly, if the petitioner were aggrieved by the show cause notice, he has an alternative remedy under the Insolvency and Bankruptcy Code, 2016. Therefore, as the petitioner has an efficacious alternative remedy, this writ petition is not maintainable.

For the reasons stated above, this Court does not find any merit in the present writ petition; it is, hereby, dismissed. There shall be no order as to costs.

The miscellaneous petitions pending, if any, shall stand closed. _____________________________ RAGHVENDRA SINGH CHAUHAN, CJ ____________________ A. ABHISHEK REDDY, J 28th February, 2020 JSU

HCJ&AAR,J W.P.No.3284 of 2020 High Court for the State of Telangana THE HON'BLE THE CHIEF JUSTICE SRI RAGHVENDRA SINGH CHAUHAN AND THE HON'BLE SRI JUSTICE A. ABHISHEK REDDY WRIT PETITION No.3284 of 2020 (Per the Hon'ble the Chief Justice Sri Raghvendra Singh Chauhan) Date: 28.02.2020 JSU