# In the matter of Chandra Prakash Vs. Orris Infrastructure Private Limited & Ors., Special Leave to Appeal (C) No(s). 7842/2021 with 7712/2021

> SC judgment dated 2021-07-01. Citation: TCN-2021-SC-00033. The case arises from an impugned final judgment and order dated 2021-05-27 passed by the High Court…

- **Court:** SC
- **Order date:** 1 Jul 2021
- **Citation:** TCN-2021-SC-00033
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/chandra-prakash-vs-orris-infrastructure-private-limited-ors-special-leave-to-app-944268e3

## Summary

### Background

The case arises from an impugned final judgment and order dated 2021-05-27 passed by the High Court of Punjab & Haryana at Chandigarh in COCP No. 1131/2021. The petitioner, Chandra Prakash, filed a Special Leave Petition (SLP) against M/S Orris Infrastructure Private Limited & Ors. The core issue revolves around the fact that Orris Infrastructures Pvt. Ltd. (OIPL) was not heard by the National Company Law Tribunal (NCLT) before passing an order dated 2021-04-15, leading OIPL to file a writ petition before the High Court.

## Facts

Chandra Prakash filed a Special Leave Petition (SLP) against M/S Orris Infrastructure Private Limited & Ors. The High Court of Punjab & Haryana passed an order on 2021-05-27 in COCP No. 1131/2021. Orris Infrastructures Pvt. Ltd. (OIPL) was not heard by the National Company Law Tribunal (NCLT) before the NCLT passed an order on 2021-04-15. As a result, OIPL filed Writ Petition No.5666 of 2021 before the High Court to challenge the NCLT's order. The Supreme Court noted that a statutory remedy of appeal against the NCLT's order exists. The Supreme Court directed OIPL to move the NCLT for reconsideration of the order dated 2021-04-15 within one week. The NCLT was directed to decide the application expeditiously, preferably within two weeks, and to maintain the

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## Issues and analysis

### Issue 1: Whether the High Court should entertain a writ petition when a statutory remedy of appeal against …

**Ratio:** The statutory remedy of appeal against the order passed by the NCLT should be considered

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**Reasoning:** The Court noted the existence of a statutory remedy of appeal against the NCLT's order,

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**Interpretation:** The interpretation is that the availability of a statutory remedy should

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**Application:** In this case, the existence of a statutory appeal mechanism against the NCLT

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## Parties

- **Judges:** A.M. KHAN…; SANJIV K…
- **Appellants:** Chandra P…
- **Respondents:** ORRIS INFRASTRUCTU…; M/S ORRIS…
- **Advocates:** Neeraj Kish…; Ritin…; +10 more

## Timeline

- **2021-05-27 — High Court…**: Impugned final judgment and order passed by the High Court of Punjab & Haryana in COCP…
- **2021-04-15 — NCLT Ord…**: Order passed by the National Company Law Tribunal (NCLT) without hearing Orris…

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