Calcutta High Court (Appellete Side)
Shyamal Kumar Bhattacharjee vs Union Of India And Others on 16 April, 2024
16th April,
2024
(AK)
08
W.P.A 272 of 2024
Shyamal Kumar Bhattacharjee
Vs.
Union of India and others
Mr. Shaunak Mitra
Ms. Namrata Basu
Mr. Dripto Majumder
Mr. Riyanshu Agarwal
Ms. Anushka Dhar
...for the petitioner.
Mr. Kumar Jyoti Tewari
Ms. Amrita Pandey
...for the Union of India.
Ms. A. Rao
...for the respondent no.2.
1. The vires of bye-law 12A(2)(e) of the Model Bye-
Laws of an Insolvency Professional Agency framed within the broad guidelines of the Insolvency and Bankruptcy Board of India (Model Bye-Laws and Governing Board of Insolvency Professional Agencies) Regulations, 2016 has been challenged in the present writ petition.
2. Learned counsel appearing for the respondent authorities submit that a challenge has been preferred under Article 32 of the Constitution of India to the vires of the self-same bye-law before the Supreme Court which has been tagged to be heard along with another application for transfer of 2 writ petitions pending before several High Courts, also on the same issue, to be taken up on May 3, 2024 by the Supreme Court.
3. It is submitted that this court, for the sake of judicial propriety, ought to wait till the said matter is taken up by the Supreme Court.
4. There is substance in the contention of the respondents.
5. Although certain arguable questions have apparently been raised by the petitioner, it would be in consonance with judicial propriety to await any order, if passed by the Supreme Court on May 3, 2024 when the matters have been fixed next.
6. Let the present writ petition be listed on May 7, 2024 under the same heading for passing further orders.
(Sabyasachi Bhattacharyya, J.)