WP/10971/2025 of M/s. BGR Energy System Limited Vs UNION OF INDIA on 23 June 2026

1. M/s. BGR Energy System 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. Suntech Infra Solutions Pvt Ltd, Rep by its Director, 601, Goapal Heights (D-9) Netaji Subash Palace Pitampura New Delhi - 110034. ...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(IBC)/19/2024 in CP(IB)/18/9/AMR /2023, application filed

under Rule 11 of the National Company Law Tribunal Rules, 2016, in CP(IB)18/9/AMR/2023 on the file of Hon'ble NCLT Amaravathi Bench, in the light of Scheme of IBC and consequentially to set aside the order dated 01.01.2025 passed by the Hon'ble National Company Law Tribunal Amaravati Bench in Rest. App(IBC)/19/2024 in CP(IB)/18/9/AMR/2023, and consequentially Set aside the Restored Company Petition (IBC)/1/2025 and to 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 stay all further proceedings in Restored Company Petition (IBC)1/2025 and any proceedings consequent to orders in Rest. App(IBC)/19/2024 on the file of the Hon’ble National Company Law Tribunal, pending disposal of the writ petition orand pass IA NO: 2 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 may be pleased to Vacate the interim order dt. 30.04.2025 passed by this Hon’ble court in WP No. 10971 of 2025 and to pass Counsel for the Petitioner: T V P SAI VIHARI Counsel for the Respondents: THENEPALLI NIRANJAN SC FOR CENTRAL. GOVT Counsel for the Respondents:JYOTHI RATNA ANUMOLU The Court made the following order:

THE HON’BLE SRI JUSTICE BATTU DEVANAND AND

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 &

193

WRIT PETITION NO: 10971 OF 2025

Dated: 24.06.2026 PKR