Single judge court disposal order permitting petitioner to serve respondents via private notice and issuing notice to the Attorney General for admission.
Service via private notice permitted; Notice to Attorney General issued; Matter placed for admission.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
21-WP-3610-21.doc
CHITRA Digitally signed byCHITRA SANJAY SANJAY SONAWANE SONAWANE Date: 2021.08.0614:55:29 +0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.3610 OF 2021
Mr.Shreyas Shrivastava for petitioners.
Ms Shivani Kumbhojkar a/w Vrinda Tanna i/b Law Point for respondent no.1 (SEBI).
Ms Chitra Rentala i/b Trilegal for respondent no.5.
Mr.Gaurav Joshi, Sr.Advocate a/w Rohan Rajadhyaksha a/w Mr.Nishant Upadhyay i/b AZB & Partners for respondent no.6.
CORAM : K.K. TATED & PRITHVIRAJ K. CHAVAN, JJ.
DATE : 3rd AUGUST, 2021.
P.C.
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Chitra Sonawane
21-WP-3610-21.doc
Vs. Securities & Exchange Board of India & Ors.]. He submits that in that matter, by order dated 23rd March 2021, the Court already issued notice to Attorney General. He placed on record copy of order dated 23rd March 2021. Same is taken on record and marked ‘X’ for identification. Hence, following order is passed.
a) Petitioner is permitted to serve the respondent by private notice alongwith entire proceedings either by registered post AD and/ or by hand delivery and file an affidavit of service to that effect.
b) Notice be also issued to the Attorney General as the petitioner is challenging the Constitutional validity of provisions of Insolvency and Bankruptcy Code 2016.
c) Matter be placed on board for admission alongwith Writ Petition No.915/2021 [Writ Petition (L) no.7920/2021].
d) Miss Shivani Kumbhojkar, learned Counsel waives service on behalf of Respondent no.1.
e) Miss Chitra Rentala, learned Counsel also waives service on behalf of respondent no.5.
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Chitra Sonawane
21-WP-3610-21.doc
behalf of respondent no.6.
[PRITHVIRAJ K. CHAVAN, J.]
[K. K. TATED, J.]
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Chitra Sonawane
1 issue framed by the court
Whether the petition challenging the Constitutional validity of provisions of the Insolvency and Bankruptcy Code 2016 is maintainable.
Colour shows how this judgement treated each authority
Writ Petition (L) No.7920/2021Referred¶14
Petitioner
Securities & Exchange Board of India
Respondent no.5
Respondent no.6
K.K. Tated
Prithviraj K. Chavan
As recorded by the court registry
Litigation brought on behalf of the public interest rather than a personal grievance, relaxing the usual rule of locus standi.
12 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
