# In the matter of Mr. Gagan Bothra Vs. The Central Government and Anr. WP No. 8976 of 2020

> HC judgment dated 2020-09-29. Citation: TCN-2020-HC-00011. The case involves a writ petition filed under Article 226 of the Constitution of India, challenging…

- **Court:** HC
- **Order date:** 29 Sept 2020
- **Citation:** TCN-2020-HC-00011
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/high-courts-chandigarh-bench/mr-gagan-bothra-vs-the-central-government-and-anr-wp-no-8976-of-2020-e0f1866a

## Summary

### Background

The case involves a writ petition filed under Article 226 of the Constitution of India, challenging the constitutional validity of an amendment to the Insolvency and Bankruptcy Code (IBC) Ordinance No. 9 of 2020, dated 05.06.2020. The petitioner sought a declaration that a specific proviso within the ordinance, which restricts the initiation of corporate insolvency resolution processes for defaults occurring during a certain period, is unconstitutional and ultra vires.

## Facts

M.Gagan Bothra filed a writ petition challenging the constitutional validity of the Insolvency and Bankruptcy Code (IBC) (amendment) Ordinance No. 9 of 2020, dated 05.06.2020. The petitioner specifically challenged a proviso that restricted the initiation of corporate insolvency resolution processes for defaults occurring during a certain period. The petitioner argued that the proviso was unconstitutional and ultra vires. During the proceedings, the court noted that the challenged ordinance had been substituted by an Act. The petitioner was given the option to file a fresh writ petition if they wished to challenge the new Act.

## Issues and analysis

### Issue 1: Whether the proviso in the Insolvency and Bankruptcy Code (amendment) Ordinance No. 9 of 2020, …

**Ratio:** The principle of mootness dictates that a court will not adjudicate a case if the

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**Reasoning:** The court reasoned that since the challenged ordinance had been substituted by an Act,

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**Interpretation:** The interpretation of the legal issue involves understanding the scope and

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**Application:** The ratio of mootness was applied to the specific facts of the case because the

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## Parties

- **Judges:** Mr.A.P.…; Senthilkumar…
- **Appellants:** M.Gagan B…
- **Respondents:** The Central…

## Timeline

- **2020-05-06 — Ordinance…**: Date of the Insolvency and Bankruptcy…
- **2020-09-29 — Order Da…**: Date of the High Court order…

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