# In the matter of Darshan Gandhi Vs Union Of India

> HC judgment dated 2023-05-04. Citation: TCN-2023-HC-00061. The writ petition was filed seeking certain reliefs. An interlocutory application was also filed…

- **Court:** HC
- **Order date:** 4 May 2023
- **Citation:** TCN-2023-HC-00061
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/high-courts-new-delhi/darshan-gandhi-vs-union-of-india-4fb0bdc6

## Summary

### Background

The writ petition was filed seeking certain reliefs. An interlocutory application was also filed seeking identical reliefs. The National Company Law Tribunal (NCLT) was considering the interlocutory application. The High Court initially deferred the hearing of the petition awaiting the outcome of the application before the NCLT. The NCLT fixed the matter for a later date. The Respondents opposed the prayer for adjournment, arguing that the High Court should not monitor the proceedings before the NCLT, especially when the entire proceedings are pending before the NCLT and there is an interim order in the Petitioner's favor.

## Facts

Darshan Lalit Gandhi filed a writ petition before the High Court of Bombay against the Union of India and others. The petitioner had also filed an interlocutory application no. 33 of 2021 seeking the same reliefs as in the petition. The NCLT was considering the interlocutory application. The High Court initially deferred the hearing of the petition to await the outcome of the NCLT application. The NCLT fixed the matter for 15 June 2023. The respondents opposed the adjournment, arguing that the High Court should not monitor the NCLT proceedings, especially since the entire matter was pending before the NCLT and there was an interim order in the petitioner's favor. The NCLT had recorded that the petitioner's advocate had no idea why the petitioner approached the High

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## Issues and analysis

### Issue 1: Whether the High Court should monitor proceedings before the NCLT when the NCLT is already seized …

**Ratio:** A court should generally not monitor proceedings before another competent court,

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**Reasoning:** The High Court reasoned that the NCLT was the competent court to handle the matter and

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**Interpretation:** This principle reflects the idea of judicial comity and the efficient

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**Application:** In this case, the High Court applied this principle by refusing to monitor the

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## Parties

- **Judges:** NITIN J…; Abhay A…
- **Appellants:** Darshan Lalit…
- **Respondents:** Union of…

## Timeline

- **2021-01-01 — Interlocutory…**: Interlocutory application no. 33 of 2021 was filed seeking the same reliefs as the writ…
- **2023-03-27 — Previous…**: The court passed a previous order noting that the Petitioner had filed an interlocutory…

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