VidhiSangh

Supreme Court of India · 09/11/2023

DILIP B JIWRAJKA versus UNION OF INDIA & ORS

[2023] 16 S.C.R. 562 · 2023 INSC 1018

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Summary

The Supreme Court upheld Sections 95–100 of the Insolvency and Bankruptcy Code against challenges under Articles 14 and 21. The resolution professional performs a facilitative, recommendatory role, with debtor participation and information requests confined to the application. Judicial adjudication begins under Section 100, when the authority must independently decide after a fair hearing. No additional adjudication of jurisdictional facts is required at appointment under Section 97.

Issues

  1. Whether the personal insolvency procedure under Sections 95–100 violates equality, privacy or natural justice.
  2. Whether jurisdictional facts must be judicially determined before appointment of a resolution professional.
  3. What limits apply to information gathering and the subsequent adjudication.

Provisions considered

Held

Result

Writ petitions dismissed. Substitution applications allowed; pending applications, including intervention applications, disposed of.

Judgment PDF: Supreme Court of India, [2023] 16 S.C.R. 562.