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Apr 28, 2025

SC Holds that Power of Judicial Review by HCs, Under Writ Jurisdiction, Should Not be Invoked to Circumvent Statutory Process Prescribed under Specialised Legislations

The SC in Mohammed Enterprises (Tanzania) Ltd. v. Farooq Ali Khan and Ors.[1]and Bank of Baroda v. Farooq Ali Khan and Ors.[2], has held that IBC is a complete code in itself which has sufficient checks and balances, remedial avenues and appeals. Therefore, the HCs, in exercise of its writ jurisdiction, should not preclude the Adjudicating Authority from performing its adjudicatory functions and should permit the statutory process under IBC to take its natural course.

[1] Mohammed Enterprises (Tanzania) Ltd. v. Farooq Ali Khan and Ors., 2025 SCC OnLine SC 23.

[2] Bank of Baroda v. Farooq Ali Khan and Ors., 2025 SCC OnLine SC 374.

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These are the views and opinions of the author(s) and do not necessarily reflect the views of the Firm. This article is intended for general information only and does not constitute legal or other advice and you acknowledge that there is no relationship (implied, legal or fiduciary) between you and the author/AZB. AZB does not claim that the article's content or information is accurate, correct or complete, and disclaims all liability for any loss or damage caused through error or omission.

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