SANDEEP MEHTA, KULDEEP MATHUR
Vishnu Oil Mill Private Ltd. – Appellant
Versus
Union of India, Through Secretary, Ministry of Corporate Affairs – Respondent
JUDGMENT :
Sandeep Mehta, J.
1. The petitioner Vishnu Oil Mill Pvt. Ltd. has approached this Court through this writ petition seeking to assail the validity of Section 7 of the Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as 'IBC') and so also the order dated 22.12.2021 passed by the National Company Law Tribunal, Jaipur Bench (hereinafter referred to as 'NCLT') against the petitioner. Section 7, the validity whereof assailed in the instant writ petition reads thus:-
"7. (1) A financial creditor either by itself or jointly with other financial creditors may file an application for initiating corporate insolvency resolution process against a corporate debtor before the Adjudicating Authority when a default has occurred.
(Provided that for the financial creditors, referred to in clauses (a) and (b) of sub-section (6A) of section 21, an application for initiating corporate insolvency resolution process against the corporate debtor shall be filed jointly by not less than one hundred of such creditors in the same class or not less than ten per cent of total number of such creditors in the
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