Writ petition challenging the constitutionality of the Insolvency and Bankruptcy Code, 2016, dismissed for non-prosecution citing lack of representation and a relevant Supreme Court judgment.
Petition dismissed for lack of prosecution.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF SEPTEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE R. NATARAJ WRIT PETITION NO. 48566 OF 2017 (GM-RES)
BETWEEN:
Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA
…PETITIONERS
(BY SRI. UMESH P.H., ADVOCATE (ABSENT))
AND:
…RESPONDENTS (BY SRI. H. JAYAKAR SHETTY, ADVOCATE FOR RESPONDENT NO.1; SRI. CYRIL AMARCHAND MANGAL DAS, ADVOCATE FOR RESPONDENT NO.2)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH INSOLVENCY AND BANKRUPTCY CODE, 2016 VIDE ANNEXURE-A AS UNCONSTITUTIONAL.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
There is no representation for the petitioners though the petition is called twice in the day.
submits that the petition is not maintainable in view of the judgment of the Hon'ble Apex Court in the case of Swiss
NC: 2023:KHC:33586 WP No. 48566 of 2017
Ribbons Private Limited and another vs. Union of India
and others [(2019) 4 SCC 17).
Hence, this petition is dismissed for non-prosecution.
Sd/JUDGE
PMR
List No.: 1 Sl No.: 37
1 issue framed by the court
Whether the Insolvency and Bankruptcy Code, 2016 is unconstitutional.
Colour shows how this judgement treated each authority
Swiss Ribbons Private Limited and another vs. Union of India and othersReferred¶22
Swiss Ribbons Private Limited and another vs. Union of India and others [(2019) 4 SCC 17) · Who else cites this
2 provisions across 2 enactments
LOTUS THREE DEVELOPMENTS LIMITED
KAKOSI LIMITED
UNION OF INDIA
AXIS BANK LIMITED
R. NATARAJ
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
