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left arrow Oct 27, 2026

SC Holds that Writ Petition Challenging NCLT Order Under IBC is not Maintainable When Statutory Right of Appeal Exists

The Supreme Court (‘SC’) in Davis Koottala Varkey v. Samson T. George[1] held that judicial discipline requires the High Court to refrain from entertaining a writ petition challenging an Order passed by the Adjudicating Authority/National Company Law Tribunal (‘NCLT’) under the Insolvency and Bankruptcy Code, 2016 (‘IBC’), particularly when the aggrieved person can raise the grievance in an appeal under Section 61 of the IBC. The SC set aside the Order of the High Court of Kerala, which had entertained a writ petition against an NCLT Order passed during liquidation proceedings, and dismissed the writ petition on the ground of availability of an alternative statutory remedy.

[1] Davis Koottala Varkey v. Samson T. George, 2026 SCC OnLine SC 1560.

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These are the views and opinions of the author(s) and do not necessarily reflect the views of the Firm. This article is intended for general information only and does not constitute legal or other advice and you acknowledge that there is no relationship (implied, legal or fiduciary) between you and the author/AZB. AZB does not claim that the article's content or information is accurate, correct or complete, and disclaims all liability for any loss or damage caused through error or omission.

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