# In the matter of Ajmer Singh Bhullar & Anr. Vs Union of India  & Ors. CWP No.-29553-2017

> HC judgment dated 2017-12-21. Citation: TCN-2017-HC-00001. CWP No.29553 of 2017 involves a challenge to the Insolvency and Bankruptcy Code (Amendment)…

- **Court:** HC
- **Order date:** 21 Dec 2017
- **Citation:** TCN-2017-HC-00001
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/high-courts-chandigarh-bench/ajmer-singh-bhullar-anr-vs-union-of-india-ors-cwp-no-29553-2017-0d174600

## Summary

### Background

CWP No.29553 of 2017 involves a challenge to the Insolvency and Bankruptcy Code (Amendment) Ordinance, 2017. This challenge is also present in CWP No.27730 of 2017. The court issued a notice of motion to respondents No.1 to 4, with a returnable date of 25.1.2018. The case is to be taken up along with the writ petition.

## Facts

The case involves a challenge to the Insolvency and Bankruptcy Code (Amendment) Ordinance, 2017. A similar challenge is also present in CWP No.27730 of 2017. The court issued a notice of motion to respondents No.1 to 4, with a returnable date of 25.1.2018. The National Company Law Tribunal (NCLT), Chandigarh, has been directed not to pass the final order in the meantime. This implies a stay on the NCLT proceedings.

## Issues and analysis

### Issue 1: Whether the Insolvency and Bankruptcy Code …

**Ratio:** The ratio is based on the principle that legislative enactments are presumed to be

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**Reasoning:** The court has acknowledged the challenge to the Insolvency and Bankruptcy Code

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**Interpretation:** The interpretation involves assessing the validity of the ordinance against

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**Application:** The ratio and reasoning are applied to the specific facts by considering the

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## Parties

- **Judges:** RAJESH B…; Gurvinder Singh…
- **Appellants:** AJMER SINGH…
- **Respondents:** Union of…
- **Other parties:** fdf,rtret…
- **Advocates:** Nitin Kant…

## Timeline

- **2017-01-01 — Insolvency and Bankruptcy Code (Amendment)…**: The Insolvency and Bankruptcy Code…
- **2017-01-01 — CWP No.29553 of 2017…**: CWP No.29553 of 2017 is filed, challenging the Insolvency and Bankruptcy Code (Amendment)…

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