Jurisdiction of NCLT under IBC on issues relating to Public Law Domain


Quick Summary
The Supreme Court has clarified that the National Company Law Tribunal (NCLT) does not have jurisdiction over matters falling within the public law domain, even during insolvency proceedings under the Insolvency and Bankruptcy Code (IBC). While the IBC is a comprehensive code for corporate insolvency, the NCLT's powers are limited to private law disputes between creditors and corporate debtors. Decisions made by public authorities under special enactments, such as mining lease extensions, are outside the NCLT's purview.

Court :
Supreme Court of India

Brief :
Since the coming into force of Insolvency and Bankruptcy Code, 2016 (IBC) and operationalisation of National Company Law Tribunal(s) in India, various new legal issues have cropped up over the last 3 years before the NCLTs and NCLAT, which finally reached before the Hon'ble Supreme Court and still continue to reach for final determination as we speak. Some of these have already been answered/settled by the Hon'ble Supreme Court (major courtesy Hon'ble Mr. Justice R.F. Nariman) and some are still to be set at rest.

Citation :
Mobilox vs. Kirusa[

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