The Delhi High Court dismissed a writ petition against the IBBI, asserting it could not assume jurisdiction due to the underlying CIRP being processed in NCLT Bengaluru.
Delhi HC Rules on Territorial Jurisdiction in IBBI Case
The Delhi High Court recently dismissed a writ petition related to the Insolvency and Bankruptcy Board of India (IBBI), concluding that it could not assert territorial jurisdiction in this matter. The Court noted that the underlying Corporate Insolvency Resolution Process (CIRP) was being handled by the National Company Law Tribunal (NCLT) in Bengaluru.
This ruling reinforces the principle that jurisdiction should align with the venue where the core proceedings are taking place. The Court highlighted that the mere presence of IBBI in Delhi does not suffice for assumption of jurisdiction over matters arising from processes in other locations.
This decision serves as a guide for practitioners facing jurisdictional questions in insolvency cases, stressing the importance of filing petitions in the appropriate forums based on the location of the proceedings.
