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ADV. (CA) V. VENKATA SIVAKUMAR v. THE NATIONAL COMPANY LAW APPELLATE TRIBUNAL
Factual and Procedural Background
The petitioner, Adv.(CA) V. Venkata Sivakumar (erstwhile liquidator of The Jeypore Sugar Co. Ltd.), filed Writ Petition No.39483 of 2025 under Article 226 seeking a writ of mandamus directing the 1st respondent to submit for adjudication allegations of fraud, collusion, undervaluation and suppression pertaining to the scheme of compromise in Company Amalgamation Application No.75 of 2025 and the conduct of the 3rd, 4th and 5th respondents alleged to be in violation of the objectives of the Insolvency and Bankruptcy Code, 2016. The matter proceeded before the Division Bench of the High Court of Madras. The petitioner, appearing in person, articulated alleged irregularities in the scheme of compromise. The court heard appearances on behalf of various respondents and issued a short order dismissing the petition while granting liberty to pursue statutory remedies.
Legal Issues Presented
- Whether a writ under Article 226 is maintainable to challenge matters pending before the National Company Law Tribunal (NCLT) where the Insolvency and Bankruptcy Code, 2016 provides an appellate remedy under Section 61(1).
- Whether the petitioner must first exhaust the appellate remedy under Section 61 of the Insolvency and Bankruptcy Code, 2016, and thereafter, if aggrieved, appeal to the Supreme Court under Section 62.
Arguments of the Parties
Petitioner's Arguments
- There are several irregularities in the scheme of compromise in Company Amalgamation Application No.75 of 2025.
- The petitioner raised issues of fraud, collusion, undervaluation and suppression concerning the conduct of the 3rd, 4th and 5th respondents, alleging violation of the objectives of the Insolvency and Bankruptcy Code, 2016.
- The petitioner sought a writ of mandamus directing the 1st respondent to adjudicate those issues, relying on liberty earlier granted in W.P.No.4151 of 2024 dated 27.03.2025.
Table of Precedents Cited
No precedents were cited in the provided opinion.
Court's Reasoning and Analysis
The court applied the statutory appellate scheme under the Insolvency and Bankruptcy Code, 2016. It noted Section 61(1) contemplates that any person aggrieved by an adjudicating authority's order must prefer an appeal to the National Company Law Appellate Tribunal (NCLAT). Only after exhausting that remedy, and if aggrieved by the appellate authority's order, may a party invoke Section 62 to approach the Supreme Court. On that basis the court held that a writ under Article 226 challenging matters pending before the NCLT is not maintainable. The court therefore granted liberty to the petitioner to pursue remedies "in the manner known to law" and dismissed the writ petition.
Holding and Implications
DISMISSED
Direct consequences:
- The writ petition was dismissed and the connected miscellaneous petition was closed.
- The petitioner was granted liberty to pursue statutory remedies: to prefer an appeal under Section 61 to the NCLAT, and, if dissatisfied with the appellate order, to approach the Supreme Court under Section 62 of the Insolvency and Bankruptcy Code, 2016.
- No costs were imposed.
The opinion does not articulate any broader precedent beyond applying the statutory appellate scheme of the IBC.
2026:MHC:424
W.P.No.39483 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.02.2026
C O R A M
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
AND
THE HONOURABLE MR.JUSTICE C.KUMARAPPAN
W.P.No.39483 of 2025
and
W.M.P.No.44343 of 2025
Adv.(CA)V.Venkata Sivakumar Erstwhile liquidator of JSCL No.10.11 Dr.Subbarayan Nagar Main Road, Kodambakkam, Chennai - 600 024. ... Petitioner -vs-
1.The National Company Law Appellate Tribunal (NCLAT) Rep. by Registrar,
2nd& 3rdFloor of Mahanagar Doorsanchar Sadan (M.T.N.L.Building), 9, CGO Complex, Lodhi Road, New Delhi - 110 003.
2.The National Company Law Tribunal (NCLT), Rep. by Registrar,
Corporate Bhawan, 3rdFloor, No.29, Rajaji Salai, Chennai - 600 001.
3.IDBI Bank Ltd.,
Representing removed Secured Creditors from SCC by Mr.Mohanasundaram - Asset Recovery Division, 115, Anna Salai, Saidapet, Chennai - 600 015. 4.Anita Prabhu,
Promoter Director,
Old No.12, New No.29,
Satynarayana Avenue, Boat Club,
R.A.Puram, Chennai - 600 028.
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5.S.Hari Karthik Liquidator of M/s.The Jeypore Sugar Co. Ltd., Old No.31, New No.29, 2ndFloor,
Nageswara Road, Nungambakkam,
Chennai - 600 034.
6.Insolvency and Bankruptcy Board of India, Rep by Rajesh Kumar, - General Manager, 7thFloor, Mayur Bhawan, Shankar Market, Connaught Circus, New Delhi - 110 001. 7.Standard Assets India Private Limited, Proposed Resolution Applicant, D12, Phase - I, IDA Jeedimetla, Hyderabad, Telangana - 500 055. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India to praying to issue a Writ of Mandamus, directing the 1strespondent to submit for adjudicating the issues of fraud,
a) Issue a Writ of Mandamus, directing the 1strespondent to submit for adjudicating the issues of fraud, collusion, undervaluation and suppression raised by the petitioner which is against the interest of our nation, with reference to the conduct of the 3rd, 4th, 5threspondents acting in violation of objectives of I&B Code 2016 in continuation of the liberty granted in W.P.No.4151 of 2024 dated 27.03.2025 by the Division Bench. For Petitioner : Mr.V.Venata Sivakumar,
Party-in-person
For Respondents : R1-NCLAT
Mr.S.Indumathi, SPC for R2
Mr.Varun Srinivasan for R3
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R4 - No appearance Mr.J.Manivannan for R5 Mr.S.R.Sundar for R6 Mr.Vinod Kumar
for M/s.J.Sagar Associates for R7 *****
O R D E R
(Order of the Court was made by S.M.SUBRAMANIAM,J.,) The Writ of Mandamus has been instituted to direct the 1st respondent to submit for adjudicating the issues of fraud, collusion, undervaluation and suppression raised by the petitioner which is against the interest of our nation, with reference to the conduct of the 3rd, 4th, 5th respondents acting in violation of objectives of Insolvency and Bankruptcy Code, 2016 in continuation of the liberty granted in W.P.No.4151 of 2024 dated 27.03.2025.
2. The petitioner in person articulates his case by stating that several irregularities are being noticed regarding the scheme of compromise in the case of Company Amalgamation Application No.75 of
2025.
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3. Section 61(1) of Insolvency and Bankruptcy Code, 2016 [hereinafter referred to as "IB Code"] contemplates that any person aggrieved by the order of the adjudicating Authority may prefer an appeal to the National Company Law Appellate Tribunal. Therefore, the petitioner at the first instance has to exhaust the appellate remedy contemplated under Section 61 of the IB Code. If he suffers any order from the hands of the appellate Authority, then he has to prefer an appeal before the Hon'ble Supreme Court of India under Section 62 of the IB Code. However, Writ Petition under Article 226 of the Constitution of India regarding the matters pending before National Company Law Tribunal is not maintainable.
4. Granting liberty to the petitioner to workout his remedy in the manner known to law, this Writ Petition stands dismissed. No costs. Consequently, the connected miscellaneous petition is closed.
(S.M.S,J.,) (C.K,J.,)
02.02.2026
Index: Yes / No Internet: Yes / No dsa
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To:
1.The Registrar, National Company Law Appellate Tribunal (NCLAT) 2nd& 3rdFloor of Mahanagar Doorsanchar Sadan (M.T.N.L.Building), 9, CGO Complex, Lodhi Road, New Delhi - 110 003.
2.The Registrar,
National Company Law Tribunal (NCLT), Corporate Bhawan, 3rdFloor, No.29, Rajaji Salai, Chennai - 600 001.
3.IDBI Bank Ltd.,
Representing removed Secured Creditors from SCC by Mr.Mohanasundaram - Asset Recovery Division, 115, Anna Salai, Saidapet, Chennai - 600 015. 4.Anita Prabhu,
Promoter Director,
Old No.12, New No.29,
Satynarayana Avenue, Boat Club,
R.A.Puram, Chennai - 600 028.
5.S.Hari Karthik
Liquidator of M/s.The Jeypore Sugar Co. Ltd., Old No.31, New No.29, 2ndFloor,
Nageswara Road, Nungambakkam,
Chennai - 600 034.
6.Rajesh Kumar, - General Manager, Insolvency and Bankruptcy Board of India, 7thFloor, Mayur Bhawan, Shankar Market, Connaught Circus, New Delhi - 110 001.
7. Proposed Resolution Applicant, Standard Assets India Private Limited, D12, Phase - I, IDA Jeedimetla, Hyderabad, Telangana - 500 055.
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S.M.SUBRAMANIAM, J.
AND
C.KUMARAPPAN, J.
dsa
W.P.No.39483 of 2025
02.02.2026
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