JUDGMENT:

1. Rule.

2. Rule made returnable forthwith. Heard. finally with the consent of the parties.

3. This petition under Article 227 of the Constitution of India read with Section 482 of the Criminal Procedure Code, 1973 assails the order, "Issue Process", under Section 73(a) and Section 235A of the Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as lithe I.B. Code") passed by the Additional Sessions Judge, 58th Court, Mumbai in Special Case No. 853/2020, on a Complaint filed by the Insolvency and Bankruptcy Board of India, a statutory body established under the I.B. Code.

4. Presently, only ground, on which impugned order has been challenged is that, the learned Additional Sessions Judge does not have jurisdiction to entertain the complaint filed by the respondents. As such other grounds of challenge are expressly kept open.

5. Mr. Amir Arsiwala, learned Counsel for the Petitioner submitted that in terms of Section 236 of I.B. Code, the Special Court, established under the Companies Act, 2013 is empowered to try the offences under the I.B. Code. He submitted, Section 435 of the Companies Act empowers, the Central Government to establish Special Courts for speedy trial