JUDGMENT :

Prathiba M. Singh, J.

1. This hearing has been done through hybrid mode.

2. The present writ petition has been filed by the Petitioner - Insolvency and Bankruptcy Board of India (hereinafter, “IBBI”) challenging the impugned order dated 5th September, 2018 passed by the NCLT in CA-809(PB)/2018 titled State Bank of India v. Su Kam Power Systems Ltd. Vide the said impugned order, the NCLT has held that Regulation 36A of the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 (“Regulation 36A”) is ultra vires Section 240(1) of the Insolvency and Bankruptcy Code, 2016 (“IBC”). The said provision reads:

“36A. INVITATION OF RESOLUTION PLANS

(1) The resolution professional shall issue an invitation, including evaluation matrix, to the prospective resolution applicants in accordance with clause (h) of sub-section (2) of section 25, to submit resolution plans at least thirty days before the last date of submission of resolution plans.

(2) Where the invitation does not contain the evaluation matrix, the resolution professional shall issue, with the approval of the committee, the evaluation matrix to the prospective resolution