Suresh L. Shah vs. Union Of India

ITEM NO.2 COURT NO.15 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Writ Petition(s)(Civil) No(s). 510/2022 SANJAY SINGAL & ANR. Petitioner(s) VERSUS UNION OF INDIA & ORS. Respondent(s) (FOR ADMISSION and I.R. ) WITH W.P.(C) No. 443/2022 (X) (FOR ADMISSION and IA No.85583/2022-EX-PARTE STAY) W.P.(C) No. 525/2022 (X) (....FOR ADMISSION and IA No.95786/2022-STAY APPLICATION) W.P.(C) No. 544/2022 (X) (FOR ADMISSION and IA No.99406/2022-STAY APPLICATION) W.P.(C) No. 546/2022 (X) (FOR ADMISSION and I.R. and IA No.99805/2022-STAY APPLICATION) W.P.(C) No. 519/2022 (X) (FOR ADMISSION and IA No.94792/2022-GRANT OF INTERIM RELIEF) Date : 30-08-2022 These petitions were called on for hearing today. CORAM : HON'BLE MR. JUSTICE ANIRUDDHA BOSE HON'BLE MR. JUSTICE VIKRAM NATH For Petitioner(s) Mr. Sandeep Bajaj, Adv. Mr. Soayib Qureshi, AOR Ms. Aditi Pundhir, Adv. Mr. Devansh Jain, Adv. Mr. Abhirup Das Gupta, Adv. Mr. Mohit D. Ram, AOR Mr. Ishaan Duggal, Adv. Ms. Bhawana Sharma, Adv. Ms. Monisha Handa, Adv. Mr. Rajul Shrivastav, Adv. Mr. Anubhav Sharma, Adv. Mr. Jaideep Gupta, Sr. Adv. Mr. Prateek Seksaria, Adv. Digitally signed by Jatinder Kaur Date: 2022.09.03 13:24:22 IST Reason: Signature Not Verified

Mr. Mahesh Agarwal, Adv. Mr. Pranjit Bhattacharya, Adv. Mr. Divyanshu Srivastava, Adv. Mr. Nishant Chothani, Adv. Mr. E. C. Agrawala, AOR Mr. Atul Nanda, Sr. Adv. Mr. Sandeep Bajaj Adv. Mr. Soayib Qureshi, Adv. Ms. Rameeza Hakeem, Adv. Mr. Martand Singh, Adv. Mr. Ninad Dogra, AOR Ms. Aditi Pundhir, Adv. Mr. Vijay Poonia, Adv. Ms. Eshna Kumar, Adv. Mr. Udit gupta, Adv. Mr. Anup Jain, Adv. Mr. Akshan Goel, Adv. Mr. V. Chaturvedi, Adv. Ms. Prachi Gupta, Adv. M/S. Udit Kishan And Associates, AOR Mr. Karan Batura, AOR Mr. Kanishk Khetan, Adv. For Respondent(s) Mr. N. Venkataraman, ASG Mr. Sanjay Kapur, AOR Ms. Shubhra Kapur, Adv. Ms. Megha Karnwal, Adv. Mr. Arjun Bhatia, Adv. Mr. Aashish Kumar Gupta, Adv. Mr. Venancio D'Costa, Adv. Mr. Faisal Sherwani , AOR Mr. Abhindra Maheshwari, Adv. Ms. Astha Ojha, Adv.

UPON hearing the counsel the Court made the following O R D E R

In this matter, the reliefs asked for inter alia**, declaration that the provisions of Sections 95(1), 96(1), 97(5), 99(1), 99(2), 99(4), 99(5), 99(6) and 100 of the Insolvency and Bankrupty Code, 2016 are ultra vires the Articles 14, 19(1)(g) of the Constitution of India.**

When this matter is called on, the learned counsel appearing

for the petitioner submits that there are several proceedings pending in which these provisions are under challenge on constitutional grounds. One of such matters is WP(C) No.307/2022.

In our view, this matter also ought to be be tagged with WP(C) No.307/2022.

On 11.07.2022, in a batch of writ petitions, an interim Order was passed to the following effect, (one of us, was a party to the said Order):

"...In the meanwhile, petitioner(s) shall not transfer, alienate, encumber or dispose of any of their assets or legal rights or beneficial interest therein; and the Resolution Professional shall not proceed with filing of the report. If the report has been filed, the same shall not be acted upon."

Mr. N. Venkataraman, Learned senior counsel appearing for the State Bank of India submits that the part of the Order by which the Resolution Professional has been prevented from filing of the report in the interim Order, may not be passed at this stage. As we are only directing tagging of the matter with the aforesaid writ petition, we are not considering the question of passing interim measure at this stage.

Let this matter to be tagged with WP(C) No.307/2022. The petitioner shall be at liberty to apply for interim Order before the Bench hearing WP(C) No.307/2022.

(JATINDER KAUR) (RAM SUBHAG SINGH) SENIOR PERSONAL ASSISTANT BRANCH OFFICER

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