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The High Court cannot countenance the breach of a statuary provision

Why in the News?

In (Sandeep Khaitan, Resolution Professional v. JSVM Plywood Industries) Supreme court ruled that the power under Section 482 may not be available to the Court to countenance the breach of a statuary provision.

What is Section 482 of CrPC?

Section 482 preserves the vested powers of the High Court to prevent misuse of any court procedure or to secure the ends of justice. The provision does not confer new powers. It recognizes and protects only those powers which lie anywhere in the High Court;

What is Section 14 of IBC?

Section 14 of The Insolvency and Bankruptcy Code, 2016 deals with Moratorium.

What is Section 17 of IBC?

Section 17 of The Insolvency and Bankruptcy Code, 2016 deals with Management of affairs of corporate debtor by interim resolution professional.

What do you mean by Statutory Dictate?

According to Merriam Webster Statutory means anything enacted, created, or regulated by statute.

According to Merriam Webster Dictate means to impose, pronounce, or specify authoritatively.

So therefore, the meaning of Statutory Dictate, which is already being imposed by any statutory law.

What did the Court observed?


“We have to also in this context bear in mind that the High Court appears to have, in passing the impugned order, which is an interim order for that matter, overlooked the salutary limits on its power under Section 482. The power under Section 482 may not be available to the Court to countenance the breach of a statuary provision. The words 'to secure the ends of justice' in Section 482 cannot mean to overlook the undermining of a statutory dictate, which in this case is the provisions of Section 14, and Section 17 of the IBC.

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