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Step 1 – Issue Identification & Review
The AI analyses your query, notice, order, or uploaded documents and identifies the key issues involved.
• Review the issues identified by the AI • Add, edit, remove, or refine issues as required
Step 2 – Draft Generation
Once you approve the issues, the AI performs issue-wise legal research and prepares a structured draft response.
• Relevant statutory provisions • Judicial precedents and Supreme Court, High Court and other citations • Issue-wise legal analysis • Practical arguments and supporting content • Professionally structured draft ready for further review.
Challenge to NCLT Order Under IBC Withdrawn, Calcutta HC Invalidates - subsequent notifications impact outcome The petition challenging the NCLT order requiring a default record for new petitions under IBC, 2016 was dismissed as withdrawn. The Calcutta High Court ...
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Challenge to NCLT Order Under IBC Withdrawn, Calcutta HC Invalidates - subsequent notifications impact outcome
The petition challenging the NCLT order requiring a default record for new petitions under IBC, 2016 was dismissed as withdrawn. The Calcutta High Court invalidated the NCLT order of 12.05.2020, which was later amended by a notification on 13.08.2020. However, the subsequent notification on 07.09.2020 withdrew the modification. As a result, with the withdrawal of the 13.08.2020 notification and the Calcutta High Court's decision, the petitioner withdrew the petition, leading to its dismissal.
Issues: Challenge to NCLT order on new petition filings without default record under IBC, 2016.
Analysis: The petitioner contested the NCLT order of 12.05.2020, which required a default record under Section 7 of IBC, 2016 for new petitions. The petitioner cited a judgment by the Calcutta High Court in a related case, which deemed the NCLT's actions as beyond its jurisdiction and contrary to the IBC, 2016. Consequently, the Calcutta High Court invalidated the NCLT order of 12.05.2020.
The respondents argued that the NCLT order of 12.05.2020 was later amended by a notification on 13.08.2020. This revised notification reiterated the requirement for a default record from the Information Utility for new petitions under Section 7 of IBC, 2016, but with the modification that it should be filed wherever available with the Information Utility.
It was noted that the notification of 13.08.2020 was issued before the Calcutta High Court's judgment on 18.08.2020. The subsequent notification on 07.09.2020 withdrew the notification of 13.08.2020, which had modified the earlier notification of 12.05.2020.
Given the withdrawal of the notification dated 13.08.2020 and the striking down of the notification dated 12.05.2020 by the Calcutta High Court, the petitioner sought to withdraw the petition as there was no further basis for its continuation. Consequently, the petition was dismissed as withdrawn, and the order was directed to be uploaded on the High Court website and forwarded to the counsels involved.
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