Hon’ble Supreme Court of India in the recent judgement dated 20.02.2025 in the case of Bank of Baroda v/s Farooq Ali Khan & Ors. held that when statutory tribunals are constituted to adjudicate and determine certain questions of law and fact, the High Courts do not substitute themselves as the decision-making authority while exercising judicial review.
The High Court ought not to have interdicted the proceedings under the statute and assumed what it did while exercising jurisdiction under Article 226 of the Constitution.14 In this view of the matter, we are of the opinion that the High Court was not justified in allowing respondent no. 1’s writ petition. The High Court should have permitted the statutory process through the resolution professional and the Adjudicating Authority to take its course.
In view of above reasons Hon’ble Supreme Court of India set aside the impugned order dated 28.05.2024 passed by the Hon’ble Karnataka High Court in Writ Petition No. 6288/2024 (GM-RES).
Link for entire judgement provided below