Hindustan Antibiotics Ltd. filed a Writ Petition in the Bombay High Court challenging the applicability of the Insolvency and Bankruptcy Code (IBC), 2016 to government companies. The company argued that the IBC's provisions, particularly Sections 3(8), 3(23), 238, 7, 8, and 9, are unfair, illegal, and in conflict with the Companies Act, 2013, and Article 14 of the Constitution of India. During the pendency of the writ petition, insolvency proceedings were initiated against Hindustan Antibiotics Ltd. before the National Company Law Tribunal (NCLT) by its employees under Section 9 of the IBC. The NCLT bench was divided on the applicability of the IBC to the petitioner, leading to a reference to a third member. The petitioner sought a stay on the NCLT proceedings, arguing

Hindustan Antibiotics Ltd. filed a Writ Petition in the Bombay High Court challenging the applicability of the Insolvency and Bankruptcy Code (IBC), 2016 to government companies. The company argued that the IBC's provisions, particularly Sections 3(8), 3(23), 238, 7, 8, and 9, are unfair, illegal, and in conflict with the Companies Act, 2013, and Article 14 of the Constitution of India. During the pendency of the writ petition, insolvency proceedings were initiated against Hindustan Antibiotics Ltd. before the National Company Law Tribunal (NCLT) by its employees under Section 9 of the IBC. The NCLT bench was divided on the applicability of the IBC to the petitioner, leading to a reference to a third member. The petitioner sought a stay on the NCLT proceedings, arguing