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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
Writ Petition No. [Not specified]



The court ruled that Section 66(1) of the IBC is constitutional, ensuring proper jurisdiction over fraudulent conduct without violating Article 14.

Headnote:(A) Constitution of India - Article 14, 226 - Insolvency and Bankruptcy Code, 2016 - Section 66(1) - Petitioner's request to declare S.66(1) ultra vires as manifestly arbitrary and unconstitutional was rejected by the court. The court found no merit in the argument that the provision violated Article 14 of the Constitution. (Paras 20, 21)

(B) Writ Petition - Validity challenge - The court held that S.66(1) properly confers jurisdiction to address fraudulent business conduct during insolvency without ambiguity. No evidence of arbitrariness was found. (Paras 20)

Facts of the case:
The petitioner, claiming public interest, sought to declare S.66(1) of the IBC as unconstitutional, arguing it leads to significant fraud against creditors and lacks clarity in application.

Findings of Court:
The court determined that the provisions of S.66(1) are not arbitrary nor do they infringe on the fundamental rights outlined by Article 14, reinforcing the statute's intended scope for fixing liability on individuals responsible for fraudulent activities during insolvency proceedings.

Issues: The main issue addressed was whether S.66(1) of the IBC is unconstitutional and arbitrary in nature, particularly in its application and interpretation concerning fraudulent business conduct.

Ratio Decidendi: The court reasoned that S.66(1) of the IBC aptly delineates the powers of the NCLT to address fraudulent transactions and does not violate the principles of fairness and justice as enshrined in Article 14 of the Constitution.

Result: Writ petition dismissed.

Table of Content
1. petitioner seeks to declare section 66(1) of the ibc unconstitutional due to alleged fraud against creditors. (Para 1 , 2 , 3 , 4)
2. distinction between ibc provisions and previous companies act applications asserted. (Para 5 , 6 , 7 , 8)
3. relevant case law discussed concerning fraudulent transactions under relevant provisions. (Para 9 , 10 , 11 , 12 , 13 , 14)
4. ibc introduces mechanisms for creditors against preferential transactions. (Para 15 , 16 , 17 , 18)
5. court finds no merit in petitioner's claims against s.66(1), dismissing the writ. (Para 19 , 20 , 21)

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 declare S.66(1) of the 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 entertain application under S.66(1) on its merits even if filed by any creditor or contributory of the Corporate Debtor;
(c) This is also 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 as ultra vires on the vice of Art.14 of the Constitution of India for being manifestly arbitrary and unconstitutional, unless to save it 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 pass an Order making liable to make such contributions to the assets of the corporate debtor as it may deem fit, not only against any persons who were knowingly parties to the carrying on of the business of the Corporate Debtor in such manner but also against other organizations legal entities (other than the corporate debtor) with whom such business was carried out;
(d) In addition the petitioner filed this 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 as ultra vires on the vice of Art.14 of the Constitution of India for being manifestly arbitrary and unconstitutional, unless to save it 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 pass an Order making liable to make such contributions to the assets of the corporate debtor as it may deem fit, not only against any persons who were knowingly





















































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