Extracted from the PDF above. The PDF is authoritative.
APHC010631222025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
WRIT PETITION NO: 32796 of 2025 Bench Sr.No:-2 [3552]
Smt. Manchikalapudi Rajini ...Petitioner Vs. Union of India and others ...Respondents
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Advocate for Petitioner : Mr. T V P Sai Vihari Advocate for Respondents : Mrs. V. Dyumani for R.2
CORAM : THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE CHALLA GUNARANJAN DATE : 25th November, 2025
P C :
The present petition has been filed seeking a Mandamus inter alia to the National Company Law Tribunal, Amaravati Bench, to decide IA(IBC).Nos.45, 85 & 87 of 2025 in CP(IB)/73/7/AMR/2022 pending before the NCLT.
2. It is stated that by virtue of order, dated 11.06.2025, the NCLT framed two questions and they were i) Whether the DRT had the power to
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pass any order on 14.06.2024 after the initiation of the Corporate Insolvency Resolution Process (CIRP) of the Corporate Debtor on 10.06.2024; and (ii) Whether, if the DRT has passed a valid order after the initiation of CIRP, any decision can be taken by the adjudicating authority [NCLT].
3.
Learned counsel for the petitioner states that instead of answering the questions which were framed for determination, the NCLT, on the submission of counsel for the parties, deferred the matter with liberty to the parties to approach the DRT by filing an appropriate application in SA.No.243 of 2024.
It is stated that the DRT would not have jurisdiction to decide the matter in SA.No.243 of 2024 on account of the fact that the proceedings under the Insolvency & Bankruptcy Code, 2016 had since been initiated.
4. In our opinion, it would be appropriate for the NCLT to decide the issues that had been framed by virtue of its order, dated 11.06.2025 referred hereinabove.
5. We accordingly direct the NCLT to decide the issues preferably within a period of six weeks from today.
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6. The Writ Petition is, accordingly, disposed of. No order as to costs.
Miscellaneous applications pending, if any, shall stand closed.
DHIRAJ SINGH THAKUR, CJ
CHALLA GUNARANJAN, J Vjl