By Accommodation Times Bureau
The recently enacted Act of Insolvency is coming as big rescue to the defaulting builders especially in Delhi and NCR region. he infamous case of Jaypee Greens gave new topic for debate as to the jurisdiction of such type of cases. The Ministry , however , clarified that DRT are not subject to such cases.
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that ‘The Presidency Towns Insolvency Act, 1909’ and ‘The Provincial Insolvency Act, 1920’ (enactments) have been repealed in view of enactment of the Insolvency and Bankruptcy Code, 2016 (Code).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.