JUDGMENT :

SUBRAMONIUM PRASAD, J.

Prayer: Writ Petition is filed under Article 226 of the Constitution of India, issuance of a writ of declaration, declaring the impugned Rule 2(a) & Rule 5 of the Companies (Transfer of Pending Proceedings) Rules, 2016 and Rule 5 of the Companies (Transfer of Pending Proceedings) Second Amendment Rules, 2017 amending the earlier Rule 5 of the Companies (Transfer of Pending Proceedings) Rules, 2016 notified by the Central Government exercising its powers under Section 434(1) and 470(1) of the Companies Act, 2013 to the effect of directing the winding up petitions filed/pending under Section 433/434 of the Companies Act, 1956 before the Hon'ble High Court of Chennai to be treated as an applicant under Section 7, 8 or 9 of the Insolvency and Bankruptcy Code, 2016 to be adjudicated under the said provisions by the Ld. National Company Law Tribunal/National Company Law Appellate Tribunal as ultra vires the legislative competence of the parliament/repugnant to the existing provisions of the Section 433/434 of the Companies Act, 1956 as saved in terms of the saving provisions of Section 465 of the Companies Act, 2013 and ultra vires the provisions of Articl