2023 (2) TMI 1169 - SCH - Insolvency and Bankruptcy

Waiver of Service of notice - Section 5 21 310 330 331 and Section of 53 of the Insolvency and Bankruptcy Code 2016 - HELD THAT - Ms. Deepanwita Priyanka learned counsel accepts notice on behalf of the respondent no.1-State of Gujarat.Thus service of notice in respect of Respondent no.1-State of Gujarat is waived of. List the matters on 16th March 2023 at 02 00 p.m.

Summary

Issues involved:
1. Interpretation of provisions under the Insolvency and Bankruptcy Code, 2016.

Analysis:
The Supreme Court, comprising Hon'ble Mr. Justice A.S. Bopanna and Hon'ble Ms. Justice Bela M. Trivedi, heard arguments from the petitioner's senior counsel, Mr. Harish Salve, and other advocates, who highlighted Sections 5, 21, 310, 330, 331, and 53 of the Insolvency and Bankruptcy Code, 2016. The petitioner contended that the judgment in question needed reconsideration based on the definitions and provisions within these sections. The Court acknowledged the need to also hear from the respondent's counsel, who had the advantage of the previous judgment. Consequently, notice was issued to the respondents, with Ms. Deepanwita Priyanka, representing the State of Gujarat, accepting notice on behalf of respondent no.1. Service of notice for the State of Gujarat was waived, and notice was issued to the remaining respondents. Additionally, Dasti service was permitted, and the matters were listed for further hearing on 16th March 2023 at 02:00 p.m.