M/S.Sriramgiri Spinning Mills Limited v. The Oriental Bank Of Commerce

THE HON'BLE SRI JUSTICE M.S.RAMACHANDRA RAO CRP.Nos.7229 and 7231 of 2018 O R D E R:

Heard counsel for petitioner and Ms.Kalpana Ekbote, counsel appearing for respondent.

2.

These Revisions are filed under Article 227 of the Constitution of India challenging the order dt.04.12.2018 in CP.IB.No.145/7/HDB/2018 admitting the said CP and appointing a person as Interim Resolution Professional. 3.

Admittedly, the order passed by the Adjudicating Authority under the Insolvency and Bankruptcy Code, 2016 under Section 7 is appealable under Section 61 to the Appellate Authority constituted under the Act, which is referred to as National Company Law Appellate Tribunal, and it is presided by a Former Judge of the Supreme Court of India.

4.

Since the petitioner herein has such effective alternative remedy, I do not deem it appropriate to invoke jurisdiction under Article 227 of the Constitution of India. 5.

Accordingly, both these Civil Revision Petitions are dismissed granting liberty to the petitioner to avail the

appellate remedy under Section 61 of the Insolvency and Bankruptcy Code, 2016. No order as to costs. 6.

Consequently, miscellaneous petitions pending if any, shall stand closed.

______________________________ M.S. RAMACHANDRA RAO, J 01st May, 2019.

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