IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13^TH DAY OF MARCH, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 13151 OF 2023 (GM-DRT)

BETWEEN:

1. M/S. JUPITER PUBLISHERS AND DISTRIBUTORS REPRESENTED BY ITS PROPRIETOR SMT PRASANNA KUMARI W/O SRI JUSTIN ULLAS KUMAR AGED ABOUT 57 YEARS RESIDING AT NO.40, VIDYASAGAR SARAYIPALYA ARABIC COLLEGE POST BANGALORE - 560 045 Digitally signed by SUVARNA T Location: …PETITIONER HIGH COURT OF KARNATAKA (BY SRI. MURALIDHAR S.R., ADVOCATE)

AND:

1. THE REGISTRAR THE DEBTS RECOVERY TRIBUNAL II B S N L BUILDING TELEPHONE HOUSE RAJ BHAVAN ROAD BENGALURU KARNATAKA - 560 001

2. THE UNION OF INDIA REPRESENTED BY THE SECRETARY MINISTRY OF FINANCE NORTH BLOCK NEW DELHI - 110 001 …RESPONDENTS (BY SMT. ANUPAMA HEGDE, CGSC FOR R1 AND R2)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SETTING ASIDE THE IMPUGNED ORDER VIDE DTD 17.03.2023 AS PLACED AT ANNX-A AND RESTORE IRP IR NO. 1/2022 FILED BEFORE THE REGISTRAR THE DEBTS RECOVERY TRIBUNAL-II BENGALURU AND DISPOSE THE IN SOLVENCY RESOLUTION APPLICATION ON MERITS IN ACCORDANCE WITH LAW AND ETC.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

ORAL ORDER

The present writ petition is filed seeking the following prayers:

“a) Issuing writ of certiorari setting aside the impugned order vide dated 17/03/2023 as placed at ANNEXURE-A and restore IRP IR NO. 1/2022 filed before the Registrar, the Debts Recovery Tribunal-II, Bengaluru and dispose the insolvency resolution application on merits in accordance with law.

b) Issue the writ of mandamus to respondent no. 2 to issue gazette notification in order to implement the chapter 6 section 179 of the IBC, 2016;

c) Any other relief this Hon'ble court feels deem fit in the facts and circumstances of the case, in the interest of justice and equity.”

2. The petitioner is a medical book seller and due to the circumstantial pressure and substantial business losses, she has become insolvent and unable to discharge her debts. In view of her financial difficulties, the petitioner initially filed an Insolvency Petition before the Additional City Civil Court at Bengaluru in IC No. 19/2019 under Section 10(1)(a) of the Provincial Insolvency Act, 1920. However, the said petition was rejected by order dated 03.01.2022 on the ground that the Provincial Insolvency Act, 1920 stood repealed. Thereafter, the petitioner approached the DRT.

3. The Respondent No.1/the Registrar DRT II, by order dated 17.03.2023, refused to register IRP IR No. 1/2022 filed before the DRT, Bengaluru, without affording an opportunity of hearing on the individual insolvency resolution application and without considering the memo of clarifications dated 24.02.2023 filed by the petitioner. Aggrieved by the said action, the petitioner has come before this Court by filing the instant writ petition.

4. The learned counsel appearing for the petitioner submits that, upon repeal of the Provincial Insolvency Act, 1920, and the dismissal of the petition filed thereunder, the petitioner was left with no alternative remedy but to approach the DRT. However, the DRT has not considered the petitioner’s application solely on the ground that the Central Government has not notified the requisite notification bringing the relevant provisions into force. In view of the same, the petitioner has no efficacious alternative remedy and is constrained to approach this Court by filing the instant writ petition.

5. The learned counsel appearing for Respondent Nos.

1 and 2 submits that alternative remedy to the petitioner is before the Civil Court. It is further submitted that the provisions of the Insolvency and Bankruptcy Code, 2016 (for short ‘IBC’), come into force only on such date as the Central Government may, by notification in the Official Gazette, appoint: provided that that different dates may be appointed for different provisions of the Co