Sessions or Additional Sessions Judge cannot try offences under IBC

Satyanarayan Bankatlal Malu Vs IBBI (Bombay High Court)

It can be noticed that under Section 435 of the Companies Act, Special Court, comprising of Sessions Judge or Additional Sessions Judge, was in place since 2013 and it retained its jurisdiction to try the offences under the Companies Act. Amendment of 2017, for the first time brought into existence and empowered Central Government, to establish Court comprising of Metropolitan Magistrate or Judicial Magistrate First Class, as ‘Issue Process’, under Section

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