ORDER

The petitioner filed a petition under Sections 10, 11, 12, and

13 of the Provincial Insolvency Act, 1920, seeking to be declared insolvent.

2. A preliminary objection was raised regarding the maintainability of the petition. After hearing the petitioner, the learned District and Sessions Judge issued an order stating that due to the commencement of the Insolvency and Bankruptcy Code, 2016, the Provincial Insolvency Act, 1920, stands repealed. Therefore, the petition was deemed not maintainable, as an efficacious remedy is provided under Section 179(1) of the Insolvency and Bankruptcy Code, 2016.

3. Counsel for the petitioner argued that no notification has been issued to enforce the provisions contained in Chapter 6 of the Insolvency and Bankruptcy Code, 2016. Thus, the learned District Judge had jurisdiction to consider the petition for adjudication of the petitioner as insolvent.

4. Sri H. Shanthi Bhushan, learned Additional Solicitor General of India for respondents No.1 and 3, submitted that no notification has been issued to give effect to the provisions of Chapter 6 of the Insolvency and Bankruptcy Code, 2016. 5. After considering the submissions from both sides.

6. Section 1