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IBC | Case Law Alert | Apex Court requests Gujarat High Court to not debate on constitutional challenge to IBC / NCLT

Jan2018

Corporate & Commercial

In an interim order passed by the Apex Court on 25 January 2018, in the matter of Shivam Water Treaters Pvt. Ltd. vs Union of India Secretary to Govt., Ministry of Corporate Affairs (available here), the Apex Court has requested the High Court of Gujarat to not enter into the debate pertaining to the validity of the Insolvency and Bankruptcy Code, 2016 or the constitutional validity of the National Company Law Tribunal.

However, the Apex Court, has further stated that the order does not debar the petitioner to challenge the validity of composition of the National Company Law Tribunal and the validity or the constitutionality of the Insolvency and Bankruptcy Code, 2016 before this Court under Article 32 of the Constitution.

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