Calcutta High Court (Appellete Side)
Shyamal Kumar Bhattacharjee vs Union Of India And Others on 8 April, 2024
8th April,
2024
(AK)
17
W.P.A 272 of 2024
Shyamal Kumar Bhattacharjee
Vs.
Union of India and others
Mr. Shaunak Mitra
Ms. Namrata Basu
Mr. Dripto Majumder
Ms. Anushka Dhar
...for the petitioner.
Mr. Ashok Kumar Chakraborty, Ld. ASG
Mr. Kumar Jyoti Tewari
Mr. Tirtha Pati Achatyya
Ms. Amrita Pandey
...for the Union of India.
1.Learned counsel for the insolvency professional/petitioner submits that the petitioner is unable to take new assignments as insolvency professional, thus suffering huge professional loss.
2. It is submitted that such new assignments are dependent on the outcome of the present writ petition, which creates the urgency involved in the matter.
3. Learned ASG submits that not only are there conflicting decisions of other High Courts on the same issue, a transfer application is pending before the Supreme Court at present regarding matters on similar issues of challenge to the vires of the 2 statute. An adjournment is, thus, sought to await the outcome of the same.
4. Although the outcome of the transfer application, if pending before the Supreme Court, shall undoubtedly influence the fate of the present writ petition, the court cannot wait indefinitely for such outcome unless the specific status of the transfer application is intimated to the court, particularly since the petitioner pleads urgency and is justified in doing so since the petitioner is facing huge professional loss on a daily basis.
5. At this juncture, learned ASG submits that an application under Article 32 of the Constitution is also pending before the Supreme Court is pending on an identical issue.
6. Thus, on the prayer of learned ASG, the matter is adjourned for the time being.
7. However, learned ASG is requested to intimate the status of both the said matters, being the transfer application and the application under Article 32, on the next returnable date.
8. For such purpose, the matter is adjourned till April 16, 2024 when it will be listed under the same heading.
(Sabyasachi Bhattacharyya, J.)