WHETHER TO APPROACH HIGH COURT OR NCLT, IF GOVERNMENT TAKES AN ADVERSE DECISION AGAINST YOU DURING INSOLVENCY PROCEEDINGS: THAT’S WHAT SUPREME COURT EXPLAINED IN “M/S EMBASSY PROPERTY DEVELOPMENTS PVT. LTD. V. STATE OF KARNATAKA” (PART-II)
The difference is that while the Supreme Court under Article 32 can only decide the matters in which a party’s Fundamental Rights have been breached, the High Court have wider jurisdiction and it can also decide the matters in which an authority have given a decision against you which it did not have power to give.