It has come to notice of Ministry that Writ Petitions are being filed before some High Courts stating that ‘The Presidency Towns Insolvency Act, 1909’ and ‘The Provincial Insolvency Act, 1920’ (enactments) have been repealed in view of enactment of the Insolvency and Bankruptcy Code, 2016 (Code). On this basis, the litigants are claiming that matters related to individual insolvency and bankruptcy should now be dealt under provisions of the Code.

In this regard, it is hereby clarified that Section 243 of the Code which provides for repeal of said enactments has not been notified till date and further, provisions related to insolvency resolution and bankruptcy for individuals and partnerships as contained in Part III of the Code are yet to be notified. Hence, it is advised that stakeholders who intend to pursue their insolvency cases may approach appropriate authority/court under the existing enactments, instead of approaching the Debt Recovery Tribunals.

Non-notification of repeal: stakeholders must pursue individual insolvency under existing enactments until Code provisions are notified. The repeal provision of earlier insolvency statutes remains unnotified and Part III of the Insolvency and Bankruptcy Code, 2016 addressing individual and partnership insolvency is also unnotified; accordingly, those Code provisions do not currently displace existing enactments, and stakeholders should pursue insolvency matters under the existing statutes and appropriate authorities rather than before the Debt Recovery Tribunals.