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IBCArticle·5 November 2026

Gujarat HC says Pending NCLAT Appeal doesn’t warrant Writ Intervention

By J the App

Executive Summary

The Gujarat High Court has reiterated that the availability of an alternative statutory remedy does not absolutely bar a writ petition, but the High Court may decline intervention as a matter of judicial restraint. Where the challenge to an NCLT admission order and the grounds questioning its jurisdiction are already pending before the NCLAT under Section 61 of the IBC, the writ court will ordinarily not entertain a parallel challenge in the absence of exceptional circumstances.

Domain | Regulatory | IBC 

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