COURT OF ADDITIONAL SESSIONS JUDGE NOT EMPOWERED TO TRY OFFENCES UNDER IBC: BOMBAY HIGH COURT The Court of Additional Sessions Judge is not "Special Court" in terms of Section 236 of the IB Code to try offences under the IB Code. A plain reading of clause (a) of subsection (2) of Section 435 of the Companies Act, 2013 implies that the Special Court consisting of Judge holding holding office as a Sessions Judge is empowered to try offences "under this Act". The phrase 'under this Act', only means the offences committed under the Companies Act. Therefore, the Special Court formed under clause (a) of subsection (2) of Section 435 cannot try offences other than those under the Companies Act. On the other hand, a Special Court comprised of a Metropolitan Magistrate or a Judicial Magistrate First Class, as envisaged in subsection (b), is empowered to hear "cases of other offences." Other offences refers to offences under other acts rather than the Companies Act. If proceedings in offences under the IB Code were also to be tried by the Special Court comprising of Sessions Judge or Additional Sessions Judge, it would frustrate the object of the speedy trial for which the Special Courts have been established. With a team of corporate and commercial law experts, Reddy & amp; Reddy Law firm has extensive experience and involvement in commercial disputes. We regularly appear before NCLT, NCLAT, DRT and other commercial tribunals in India.