VENUS RECRUITERS PRIVATE LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) This judgment has been pronounced through video conferencing.

(2.) The present writ petition has been filed by the Petitioner seeking issuance of a writ declaring the proceedings pending before the National Company Law Tribunal (Principal Bench) New Delhi (hereinafter, 'NCLT') in C.A.No.284(PB)/2018 in C.P.No. IB(201)PB/2017 as void and non-est.

(3.) The question that has arisen is whether under the Insolvency and Bankruptcy Code, 2016 (hereinafter, 'IBC'), an application filed under Section 43 for avoidance of preferential transactions can survive beyond the conclusion of the resolution process and the role of the RP in filing/pursuing such applications. The jurisdiction of the NCLT to hear applications under Section 43 after the approval of the Resolution Plan, is thus under challenge. Brief Background