# In the matter of Air Travel Enterprises India Ltd. vs. Union Bank of India

> HC judgment dated 2024-01-11. Citation: TCN-2024-HC-00135. The petitioner, M/S.AIR TRAVEL ENTERPRISES INDIA LTD, filed a writ petition seeking a deferment of…

- **Court:** HC
- **Order date:** 11 Jan 2024
- **Citation:** TCN-2024-HC-00135
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/high-courts-new-delhi/air-travel-enterprises-india-ltd-vs-union-bank-of-india-1ed4f90a

## Summary

### Background

The petitioner, M/S.AIR TRAVEL ENTERPRISES INDIA LTD, filed a writ petition seeking a deferment of actions pursuant to Ext.P1 until the National Company Law Tribunal (NCLT), Kochi Bench, issues orders on Ext.P5 Stay Petition in Ext.P4 Appeal. Ext.P1 is an order of the NCLT, Kochi Bench.

## Facts

M/S.AIR TRAVEL ENTERPRISES INDIA LTD filed a writ petition (WP(C) NO. 1202 OF 2024) in the High Court of Kerala at Ernakulam. The petitioner sought a deferment of actions related to Ext.P1, an order from the National Company Law Tribunal (NCLT), Kochi Bench. The petitioner had filed Ext.P4 Appeal along with Ext.P5 Stay Petition before the Appellate Tribunal, which were under consideration. The respondent, Union Bank of India, argued that the writ petition was not maintainable. The court noted that the petitioner had a statutory appellate remedy and had already invoked it. The court directed the respondent not to pursue further action based on Ext.P1 until 31.01.2024.

## Issues and analysis

### Issue 1: Whether the writ petition is maintainable given the …

**Ratio:** A writ petition is generally not maintainable if there is an alternative and efficacious

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**Reasoning:** The court reasoned that the petitioner had a statutory appellate remedy against the order

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**Interpretation:** The principle of alternative remedy dictates that courts should not entertain

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**Application:** Since the petitioner had already availed the appellate remedy by filing Ext.P4

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## Parties

- **Judges:** DEVAN RAMAC…
- **Appellants:** M/s. Air Travel…
- **Respondents:** Union Bank of…
- **Other parties:** Kohi…

## Timeline

- **2023-12-22 — Order of…**: The National Company Law Tribunal…
- **2023-12-29 — Judgment of Hi…**: Judgment dated 29.12.2023 of this Hon'ble Court…

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