2024 (7) TMI 1362 - SCH - Insolvency and Bankruptcy

Notice issued without commenting on the maintainability of the petition under Article 136 of the Constitution of India - HELD THAT - The notice is issued without commenting on the question of maintainability of the petition under Article 136 of the Constitution of India, as a legal issue is sought to be raised relying upon the Explanation to Section 14 of the Insolvency and Bankruptcy Code, 2016. A copy of the license deed, including the terms and conditions on which it was granted, along with the statement of accounts will be filed by the petitioner, Department of Town and Country Planning, Haryana, in this Court within a period of four weeks from today. Rejoinder affidavit may be filed within three weeks after service of the reply.

Summary

Issues:
1. Notice issued without commenting on the maintainability of the petition under Article 136 of the Constitution of India.
2. Legal issue raised based on the 'Explanation' to Section 14 of the Insolvency and Bankruptcy Code, 2016.
3. Filing of license deed, terms, and conditions by the petitioner.
4. Timeline for responses and replies by the parties involved.

Analysis:
1. The Supreme Court issued notice without commenting on the maintainability of the petition under Article 136 of the Constitution of India. This decision indicates that the Court has not yet made a determination on whether the petition meets the legal requirements for being heard under Article 136.

2. A legal issue has been raised based on the 'Explanation' to Section 14 of the Insolvency and Bankruptcy Code, 2016. This suggests that the petitioner is relying on a specific provision of the Code to support their case. The respondents are given the opportunity to respond to these contentions, including any preliminary objections they may have, within a specified timeline.

3. The petitioner, Department of Town and Country Planning, Haryana, is required to file a copy of the license deed, including the terms and conditions on which it was granted, along with the statement of accounts in the Court within four weeks. This filing is crucial for the Court to have a complete understanding of the case.

4. The respondents are granted seven weeks from the date of the order to file their reply to the contentions raised by the petitioner. Additionally, a rejoinder affidavit can be filed by the petitioner within three weeks after receiving the reply. These timelines ensure that both parties have sufficient time to present their arguments and respond to each other's submissions effectively.