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2020 Supreme(Cal) 569

SHEKHAR B SARAF
Univalue Projects Pvt. Ltd. – Appellant
Versus
Union Of India – Respondent


Advocates Appeared:
Ujjaini Chatterjee, Advocate, Meenakshi Manot, Advocate, Arjun Asthana, Advocate, Manju Bhuteria, Advocate, Rajesh Upadhyay, Advocate, Vipul Kundalia, Advocate, Avinash Kankania, Advocate

JUDGMENT

Shekhar B. Saraf, J. - These writ petitions have been filed by the petitioners under Article 226 of the Constitution of India, in which a stern challenge has been mounted to an impugned order dated May 12, 2020 issued by the Registrar of the National Company Law Tribunal (hereinafter referred to as "NCLT") at its Principal Bench in New Delhi (hereinafter referred to as "Respondent No. 3"), that prime facie, appears to have been issued with the approval of the Hon''ble Acting President of the NCLT, New Delhi (hereinafter referred to as "Respondent No. 2").

2. It appears that the order dated May 12, 2020 imposes a mandatory prescription on all financial creditors, as defined under the extant provisions of the Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as "IBC, 2016") to submit certain financial information as a record of default before the Information Utility (hereinafter referred to as, "IU") as a condition precedent for filing any new application under Section 7 of the IBC, 2016. The order further transcends to impose this purported mandatory prescription retrospectively on all those applicants / financial creditors who have pre-existing applications file

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