ABDUL RAHIM Vs. GOLDEN PIPE COMPANY

JUDGEMENT

(1.) This Civil Revision petition is directed against the return of unnumbered insolvency petition in D.No.584 of 2017 presented before the II Additional Subordinate Judge, Trichirappalli.

(2.) While returning the said petition, learned Trial Judge has pointed out that since the provisions of the Insolvency and Bankruptcy Code, 2016 has came into force on 05.08.2016, there is a bar under Section 179 for the Civil Court and hence, any petition for insolvency relating to individual and firms shall be adjudicated only before the Debt Recovery Tribunal and there is no territorial jurisdiction for the Civil Court. In the light of provisions under section 179 of the Insolvency and Bankruptcy Code, 2016 the learned Trial Judge has returned the application.

(3.) The learned counsel for the revision petitioner submitted that the said Code though came into force on 05.08.2015, the ouster section are not yet notified. Section 180(1) and (3) of the Code reads as under -