Authority: Supreme Court of India
Order Date: 18 August 2026
Case Overview
- Parties: Appellant M/S TUF METALLURGICAL PVT. LTD. (financial creditor) vs Respondents Gaurav Agrawal & Ors.
- The appeals stem from three interim orders dated 6‑May‑2022, 24‑July‑2023 and 24‑Aug‑2023 issued by the High Court of Chhattisgarh in Company Appeal No.1 of 2022, which entertained writ applications filed by the private respondents.
- TUF Metallurgical had initiated insolvency proceedings under the Insolvency and Bankruptcy Code, 2016 after a loan default, and submitted a resolution plan to the Committee of Creditors. A revised resolution plan was later filed and approved by the National Company Law Tribunal, Delhi, by Order dated 5 Nov 2019.
- The NCLT order was challenged before the High Court; the Supreme Court held that the High Court should not have exercised writ jurisdiction over an NCLT order, directing aggrieved parties to approach the National Company Law Appellate Tribunal, Principal Bench, Delhi.
Final Outcome
- The Supreme Court set aside all three High Court interim orders on the sole ground of jurisdictional impropriety.
- No opinion was expressed on the merits of the insolvency case.
- The appeals and any pending applications were disposed of, with the parties directed to seek appropriate legal remedy in the correct forum.
Topics: Insolvency; Judicial Review