NCLT power limited against public authorities
Though Section 238 of the Insolvency and Bankruptcy Code states that the code will override other laws, when properties of public authorities are involved, the National Company Law Tribunal cannot ignore their objections and create fresh interest on them. Public authorities are different from other parties before the tribunal. The Supreme Court ruled so in its judgment in Municipal Corporation of Greater Mumbai vs Abhilash Lal. Unless the corporation approves transactions under its own laws, the tribunal cannot override the objections of the civic authority, according to the court. It set aside the tribunal’s resolution

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