JUDGMENT :

Sudhanshu Dhulia, J.

Heard Mr. K.N. Choudhury, learned senior counsel for the petitioners. Also heard Mr. R.K.D. Choudhury, learned Assistant Solicitor General of India, appearing for the respondent No.1; Mr. V. Sibal, learned senior counsel, appearing for the respondent Nos.2 & 7; Mr. P.K. Roy, learned counsel, appearing for the respondent Nos.4 & 5; Mr. S. Sharma, learned standing counsel, Income Tax Department, appearing for the respondent No.6 and Ms. M. Bhattacharjee, learned Additional Senior Government, Assam, appearing for the respondent No.8.

2. This writ petition was filed by the petitioners, inter alia, challenging the constitutional validity of some of the provisions of the Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as “Insolvency Code”). In addition, it also sought a writ in the nature of a mandamus for declaring the provisions of the Insolvency Code as not applicable for Government Companies. During the course of his arguments, however, Mr. K.N. Choudhury, learned senior counsel for the petitioners has limited his arguments to the second prayer as referred above. i.e. a declaration that a Government Company is not amenable to the Insolvency