WP/22062/2024 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. Dynamic SS Engineering Company Pvt Ltd, 76/34, Vinayagam Street, C4, Amudhini Flats (2nd Floor) Venkatesh Nagar, Viruggambakkam, Chennai. ...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 CP(IB)/23/9/AMR/2024 proceeding as it is non-est/ void in law. and

consequentially to direct the cessation of the proceedings in CP(IB)/23/9/AMR/2024 on the file of Hon'ble National Company Law Tribunal 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 pleased to stay all further proceedings in CP(IB)23/9/AMR/2024 on the file of the Hon’ble 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 order of interim stay dated 01.10.2024 granted by this Hon’ble Court in I.A.No.1 of 2024 in W.P.No.22062 of 2024 and thus render Justice and pass Counsel for the Petitioner: M M M SRINIVASA RAO Counsel for the Respondents: DEPUTY SOLICITOR GENERAL & VEERANKI SOWMYA 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 &

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WRIT PETITION NO: 22062 OF 2024

Dated: 24.06.2026 PKR