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2018 Supreme(Cal) 85

DEBANGSU BASAK
Akshay Jhunjhunwala – Appellant
Versus
Union of India through the Ministry of Corporate Affairs – Respondent


Advocates Appeared:
For the Petitioners:Mr. S.N Mukherjee, Sr. Advocate, Mr. Ratnanko Banerjee, Mr. Shounak Mitra, Mr. A. Chowdhury, Mr. Sambhik Chowdhury, Mr. D. Majumder, Advocates
For the Respondent:Mr. Gyanendra Kumar, Ms. Rituparna Chatterjee, Mr. Kaushik Chandra, Addl. Solicitor General, Mr. Jatinder Singh Dhatt, Advocates.

JUDGMENT :

DEBANGSU BASAK, J.

The petitioners have assailed the vires of Sections 7, 8 and 9 of the Insolvency and Bankruptcy Code, 2016.

2. Learned Senior Advocate appearing for the petitioners has submitted that, the second respondent is a corporate debtor in respect of whom a proceeding under the Code of 2016, is pending adjudication before the National Company Law Tribunal (NCLT), Kolkata. The Code of 2016, according to him, makes a distinction between a financial creditor and an operational creditor in respect of a corporate debtor which does not have a rational and intelligible basis. The differentiation between the two categories of creditors being unintelligible and irrational, the provisions of Sections 7, 8 and 9 of the Code of 2016 should be struck down. He has submitted that, undue preference has been given to a financial creditor. A financial creditor has a right to be in the Committee of Creditors (COC) of a corporate debtor in an insolvency proceeding. An operational creditor, although such creditor may have a claim far in excess than that of the financial creditor, will have no say in the Committee of Creditors. In a given situation, a corporate debtor may have only on






















































































































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