1. CILP - Initiation

Issues No 1

Case Law 1

I. The Petitioners in the Civil Appeal submits to the Jurisdiction of the Hon’ble Supreme Court of India under Section 62(1) of the Insolvency and Bankruptcy Code, 2016.[1]

II. The Petitioners in the Civil Appeal submits to the Jurisdiction of the Hon’ble Supreme Court of India under Article 32 of the Constitution of India.[2]

[1] s. 62(1) Any person aggrieved by an order of the National Company Law Appellate Tribunal may file an appeal to the Supreme Court on a question of law arising out of such order under this Code within forty-five days from the date of receipt of such order.

Case Law 2

[2] “Art. 32. Remedies for enforcement of rights conferred by this Part-

(1) The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this Part is guaranteed

(2) The Supreme Court shall have power to issue directions or orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever may be appropriate, for the enforcement of any of the right conferred by this part.”

Issues No 2

Case Law 1

I. The Petitioners in the Civil Appeal submits to the Jurisdiction of the Hon’ble Supreme Court of India under Section 62(1) of the Insolvency and Bankruptcy Code, 2016.[1]

II. The Petitioners in the Civil Appeal submits to the Jurisdiction of the Hon’ble Supreme Court of India under Article 32 of the Constitution of India.[2]

[1] s. 62(1) Any person aggrieved by an order of the National Company Law Appellate Tribunal may file an appeal to the Supreme Court on a question of law arising out of such order under this Code within forty-five days from the date of receipt of such order.

Case Law 2

[2] “Art. 32. Remedies for enforcement of rights conferred by this Part-

(1) The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this Part is guaranteed

(2) The Supreme Court shall have power to issue directions or orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever may be appropriate, for the enforcement of any of the right conferred by this part.”