The High Court is requested not to enter into the debate pertaining to the validity of the Insolvency and Bankruptcy Code, 2016 or the constitutional validity of the NCLT- Shivam Water Treaters (P) Ltd. Vs. UOI & Ors.- Supreme Court

SC Verdicts:

Having heard learned counsel for the parties, we are only inclined to request the High Court to address the relief limited to any action taken by the respondents or any order passed by the National Company Law Tribunal. Barring this, the High Court should not address any other relief sought in the prayer clause. The High Court is requested not to 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.

Our present 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.
The special leave petition stands disposed of accordingly. No order as to costs.

Case Reference: Supreme Court of India in case of Shivam Water Treaters Pvt. Ltd. Vs. Union of India Secretary to Govt. Ministry of Corporate Affairs & Ors., Petition(s) for Special Leave to Appeal (C) No(s).1740/2018 (SLP(C)No.1740/2018)
(Arising out of impugned final judgment and order dated 15-01-2018 in SPLCA No.19808/2017 passed by the High Court of Gujarat at Ahmedabad). Date : 25.01.2018.

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