One of your clients approaches you as a Company Secretary in Practice seeking your advice on initiation of Corporate Insolvency Resolution Process under the provisions of Insolvency and Bankruptcy Code, 2016 ('IBC', 2016

Section 3(7) of the Insolvency and Bankruptcy Code, 2016 defines that "Corporate Person" means a company as defined in clause (20) of section 2 of the Companies Act, 2013, a limited liability partnership, as defined in clause (n) of sub-section (1) of section 2 of the Limited Liability Partnership Act, 2008, or any other person incorporated with limited liability under any law for the time being in force but shall not include any financial service provider. 'National Highway Authority of India (NHAI) is a statutory body which functions as an extended limb of the Central Government and performs Governmental functions which obviously cannot be taken over by an RP, or by any other corporate body nor can under the Code. For all these reasons, it is not possible to either read in, or read down; the definition of 'corporate person' in section 3(7) of the Code to include NHAI (Hindustan Construction Company Ltd. & Anr. Vs. Union of India & Ors. [WP (Civil) No. 1074 of 2019 with other Civil Appeals] SC judgement dated 27.11.2019) - Hence, cannot be initiated against Government Authority.