HON’BLE SUPREME COURT UPHOLDS CONSTITUTIONALITY OF SECTION 95 TO SECTION 100 OF THE IBC RELATING TO PERSONAL GUARANTORS

Published On: 06/12/2023

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In a landmark decision, a three-judge bench of the Hon’ble Supreme Court, while disposing off over 350 writ petitions, in Dilip B. Jiwarajka v. Union of India and Ors., upheld the constitutional validity of several key provisions [Section 95 to Section 100] of the Insolvency and Bankruptcy Code, 2016 pertaining to the insolvency resolution process for individuals and partnership firms. INDUSLAW's Padmaja Kaul Kushagra Sah and Ritesh Patnaik deconstruct the judgment in this InfoAlert.