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2023 Supreme(Online)(Gau) 7430

TRIPURA HIGH COURT
Aparesh Kumar Singh, Ag. C. J., Arindam Lodh, J.
Sudipa Nath v. Union of India


1. The petitioner is a practicing advocate and a resident of state of Tripura. The petitioner is before this court claiming public interest and no direct or indirect personal motive / interest and prays as follows:
(a) This is an application under Art.226 of Constitution of India for issuance of a writ of Mandamus and / or in the nature thereof to issue appropriate orders or direction, directing the respondent to forthwith take steps to declare S.66(1) of the Insolvency and Bankruptcy Code, 2016 as ultra vires on the vice of Art.14 of the Constitution of India for being manifestly arbitrary and unconstitutional, unless to save if from unconstitutionality and in consonance with the scheme and object of IBC, scope thereof is enlarged by this Hon'ble Court by expanding the powers and jurisdiction of the NCLT by enabling it to declare fraudulent business transactions as void under S.66 independent as void under S.66 independent of S.43, S.45, S.47, S.49 and S.50.
(b) This is an application under Art.226 of Constitution of India for issuance of a writ of Mandamus and / or in the nature thereof to issue appropriate orders or direction, directing the respondent to forthwith take steps to















































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