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SC Upholds Constitutional Validity of Personal Guarantors’ Insolvency Provisions Under IBC
Case Law Details
- Case Name
- Dilip B Jiwrajka Vs Union of India & Ors (Supreme Court of India)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
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- Courts
- Supreme Court of India
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Dilip B Jiwrajka Vs Union of India & Ors (Supreme Court of India)
The Supreme Court of India adjudicated a batch of 384 writ petitions under Article 32 of the Constitution challenging the constitutional validity of Sections 95 to 100 of the Insolvency and Bankruptcy Code, 2016 (IBC), which govern the Insolvency Resolution Process (IRP) for individuals and partnership firms, including personal guarantors to corporate debtors.
Material Facts & Legal Background
Part III, Chapter III of the IBC (Sections 94 to 120) deals with the IRP for individuals and partnership firms.
On November 15, ...
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