9911796707
TMI Blog2020 (10) TMI 1177X X X X Extracts X X X X X X X X Extracts X X X X ..... ankruptcy Code is at a nascent stage and it is better that the interpretation of the provisions of the Code is taken up by this Court to avoid any confusion, and to authoritatively settle the law. Considering the importance of the issues raised in the Writ Petitions which need finality of judicial determination at the earliest, it is just and proper that the Writ Petitions are transferred from the High Courts to this Court. The Writ Petitions are giving rise to the above Transfer Petitions which are pending before the High Courts to this Court. The Registries of the High Courts are directed to transmit the records of the Writ Petitions forthwith. Petition allowed. - Transfer Petition ( Civil ) No ( s ). 1034 of 2020 - - - Dated:- 29 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... M. Kannan, Adv. Mr. Gopal Jha, AORMr. D. Bharat Kumar, Adv. Mr. Aman Shukla, Adv. Mr. Jibran Tak, Adv Mr. Abas Singh, Adv Mr. Ankit Anandraj Shah, AOR ORDER 1. The Insolvency and Bankruptcy Board of India has filed the above Transfer Petitions under Article 139 (A) read with Article 142 of the Constitution of India seeking transfer of the Writ Petitions filed before High Courts to this Court. 2. By a Notification dated 15.11.2019, the Ministry of Corporate Affairs, Government of India in exercise of its power conferred under Section 1(3) of the Insolvency and Bankruptcy Code, 2016 brought into force the following provisions of the Insolvency and Bankruptcy Code, 2016 insofar as they related to 'personal guarantor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tter, it is imminent that all the Writ Petitions are transferred to this Court for an early resolution of the dispute. The learned Additional Solicitor General submitted that different opinions by the High Courts before which the Writ Petitions are pending would lead to confusion. The learned Solicitor General supported the submissions of the learned Additional Solicitor General and urged that the dispute pertaining to the validity of the Notification dated 15.11.2019 needs to be decided expeditiously. According to learned Solicitor General, the best course would be to transfer the cases to this Court where the dispute can be finally resolved. 5. The learned counsel appearing for the Respondents- Writ Petitioners in the High Courts objec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Writ Petitions which need finality of judicial determination at the earliest, it is just and proper that the Writ Petitions are transferred from the High Courts to this Court. 7. We direct the transfer of the Writ Petitions giving rise to the above Transfer Petitions which are pending before the High Courts to this Court. The Registries of the High Courts are directed to transmit the records of the Writ Petitions forthwith. 8. As we have transferred the Writ Petitions filed challenging the Notification dated 15.11.2019 and related issues to this Court, we direct that no further Writ Petitions involving the challenge to the Notification dated 15.11.2019 by which Part III of the Insolvency and Bankruptcy Code, 2016 and other provisi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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