Constitutional validity of provisions of Personal Guarantors in IBC

Case Note Content

The three-Judge Bench held that Sections 95 to 100 of the Insolvency and Bankruptcy Code, 2016 (IBC) do not involve judicial adjudication. The resolution professional's role is facilitative, and the interim moratorium protects debtors from further legal proceedings. The provisions are not unconstitutional, as they do not violate Articles 14 and 21 of the Constitution.

Related Judgement

Title: Dilip B. Jiwrajka v. Union of India

Publisher: Supreme Court of India

Citation No: 2023 SCC OnLine SC 1530

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Created: 2024-08-07 12:28:33

Last Updated: 2024-08-07 12:28:33