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2026 DAILYLAW 3772 (AP)

M/S BGR ENERGY SYSTEMS LIMITED v. UNION OF INDIA

WP/22061/2024 · 2026-06-23

A Hari Haranadha Sarma, Battu Devanand

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Judgment text

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Date of reserved for orders/judgment: - Date of pronouncement: 24-06-2026 Date of uploading : APHC010432942024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE 24th DAY OF JUNE 2026 PRESENT THE HONOURABLE SRI JUSTICE BATTU DEVANAND THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA WRIT PETITION NO: 22061 OF 2024 Between: 1. M/S BGR ENERGY SYSTEMS LIMITED, Represented by its Authorized Signatory S.Harishram Srinivasan Having its Manufacturing Unit at A-6 Pannamgadu Industrial Estate Ramapuram Post, Sullurpet Taluk Nellore District, Andhra Pradesh. ...Petitioner AND 1. UNION OF INDIA, Rep by its Principal Secretary Ministry of Corporate Affairs New Delhi. 2. Honble National Company Law Tribunal, Rep by its Registrar, Amaravathi. 3. Abhi Engineering Corporation Pvt Ltd, 4th Floor, Law College Square, WHC Road Dharampeth, Nagpur, Maharashtra. ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue a writ or direction, preferably a writ of Prohibition, declaring the 2nd Respondent Tribunal has no jurisdiction or authority to entertain Rest. App No.(IBC)/4/2024 application filed under Rule 11 of the National Company Law Tribunal Rules, 2016, in CP(IBC)/112/9/AMR/2022 on the file of Honble NCLT Amaravathi Bench, in the light of Scheme of IBC and consequentially to set aside the order dated 04.04.2024 passed by the Honble National Company Law Tribunal, Amaravati Bench Rest. App No.(IBC)/4/2024in in CP(IBC)/112/9/AMR/2022 and to pass. IA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased May be pleased to stay all further proceedings in CP(IBC)112/9/AMR/2022 and any proceedings consequent to orders in Rest. App No(IBC)/4//2024 on the file of the Honble National Company Law Tribunal, pending disposal of the writ petition or and pass IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to vacate the interim stay order dated 01.10.2024 passed in W.P. No.22061 of 2024 and dismiss the present Writ Petition by directing the Respondent No.2 to continue proceedings in CP(IBC)112/9/AMR/2022 and pass Counsel for the Petitioner: T V P SAI VIHARI Counsel for the Respondents: AVANIJA INUGANTI The Court made the following order: THE HON’BLE SRI JUSTICE BATTU DEVANAND AND THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA WRIT PETITION NO: 22061 OF 2024 ORDER: (Per Hon’ble Sri Justice Battu Devanand) In an identical matter, a Co-ordinate Bench of this Court in Writ Petition No.30061 of 2025, in its order, dated 03.11.2025 dismissed the said Writ Petition in view of the fact that the petitioners therein have an effective alternative remedy before the National Company Law Appellate Tribunal [N.C.L.A.T]. As such, they are not entitled to invoke the extraordinary jurisdiction under Article 226 of the Constitution of India. 2. By following the said order, this Writ Petition is also dismissed holding that as an effective alternative remedy before the National Company Law Appellate Tribunal [N.C.L.A.T] is available to the petitioners, they are not entitled to invoke the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India. 3. Accordingly, the Writ Petition is dismissed. 4. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. __________________________ JUSTICE BATTU DEVANAND __________________________________ JUSTICE A.HARI HARANADHA SARMA Dated: 24.06.2026 PKR Whether the order is : Speaking Yes/No / Recorded Yes/No Reportable Yes/No / Non-Reportable Yes/No THE HON’BLE SRI JUSTICE BATTU DEVANAND & THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA 205 WRIT PETITION NO: 22061 OF 2024 Dated: 24.06.2026 PKR