VidhiSangh

Supreme Court of India · 19/02/2025

BANK OF BARODA versus FAROOQ ALI KHAN & ORS.

[2025] 2 S.C.R. 687 · 2025 INSC 253

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Summary

The Supreme Court held that the Karnataka High Court wrongly used its writ jurisdiction to quash personal insolvency proceedings against a personal guarantor at the stage when the Adjudicating Authority had only appointed a resolution professional. Whether the guarantee liability was waived, i.e., whether the debt exists, is a mixed question for the resolution professional's report under Section 99 and adjudication under Section 100 IBC; the proceedings were restored.

Issues

  1. Whether the High Court could, under Article 226, interdict personal insolvency proceedings under Section 95 IBC by holding that the personal guarantor's liability had been waived.
  2. Whether the Adjudicating Authority must decide objections on limitation and existence of the guarantee or debt before appointing a resolution professional under Section 97 IBC.

Provisions considered

Held

Result

Appeal allowed; the High Court's order dated 28.05.2024 set aside; the bank's application restored to the NCLT, Bengaluru, to proceed from the stage of its order dated 16.02.2024, with a request for expeditious decision; no costs.

Judgment PDF: Supreme Court of India, [2025] 2 S.C.R. 687.