Delhi HC: Where the case has been admitted in NCLT, all the contentions including power to initiate such proceeding should be raised before and concluded by NCLT only

Last updated: 28 September 2021

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Quick Summary

The Delhi High Court has ruled that once a company petition is admitted by the National Company Law Tribunal (NCLT), all arguments, including challenges to the NCLT's power to initiate proceedings, must be raised and resolved within that forum. This decision clarifies that parties cannot later contest the NCLT's jurisdiction or the validity of its actions after the proceedings have begun and been accepted by the tribunal.

Court :
Delhi High Court

Brief :
In Shriraj Investment and Finance Ltd. & Ors. and Casper Consumer Electronics Pvt. Ltd. v. Union of India & Anr. [W.P.(CRL) 1823/2020, & W.P.(CRL) 1414/2021 dated September 14, 2021], Shriraj Investment Pvt. Ltd. ("the Petitioner No. 1") and Casper Consumer Electronics Pvt. Ltd. ("the Petitioner No. 2") filed two Petitions, on the similar lines, impugning the Letter dated June 29, 2016 and the Corrigendum issued on November 29, 2019 ("Impugned letters") by the Union of India ("the Respondent No. 1") ordering the filing of complaints against the Petitioner No. 1 & 2 for the offences under the Companies Act, 2013 and further, the Respondent No. 1 issued directions to initiate proceedings under Section 241, 242 and 246 read with Section 339 of the Companies Act, 2013 ("the Companies Act") before the National Company Law Tribunal ("the NCLT").

Citation :
W.P.(CRL) 1823/2020, & W.P.(CRL) 1414/2021 dated September 14, 2021

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Judgement posted by

Bimal Jain

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FCA, FCS LLB with21 Yrs of Experience inTaxation Indirect and Direct: Education Qualification: B.Com (Hons) Chartered Accountants Company Secretary LLB Qualified SAP FI/CO Consultants Professional Membership: Chairmanof Indirect Tax Committee of PHD Chamber of Commerce Member of Indirec ... Read more

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