DILIP B JIWRAJKA versus UNION OF INDIA & ORS

DILIP B JIWRAJKA versus UNION OF INDIA & ORS

Sections 95 to 100 of the IBC are constitutionally valid: the resolution professional appointed under s.97 performs a facilitative, recommendatory role under s.99 (collating facts and seeking information relevant to the application) and does not exercise judicial adjudicatory power; no judicial determination is...

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Parties
Petitioner: DILIP B JIWRAJKA; Respondent: UNION OF INDIA & ORS
Jurisdiction
India
Judgment Date
09 November 2023
Procedural Posture
Writ Petition (civil) Under Article 32 / Final Judgment
Outcome
Writ petitions dismissed
Legal Topics
Insolvency and Bankruptcy Code Part III (ss.95 100), Natural Justice (audi Alteram Partem), Interim Moratorium, Role of Resolution Professional, Right to Privacy, Statutory Interpretation, Jurisdictional Facts
Constitutional Law Insolvency Law Administrative Law Insolvency and Bankruptcy Code Part III (ss.95 100) Natural Justice (audi Alteram Partem) Interim Moratorium Role of Resolution Professional Right to Privacy +2 more

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Parties

DILIP B JIWRAJKA

Petitioner

UNION OF INDIA & ORS

Respondent

Procedural Posture

Writ Petition (civil) Under Article 32 / Final Judgment

Legal Issues

  1. 1 Constitutional validity of ss.95 to 100 of the Insolvency and Bankruptcy Code, 2016
  2. 2 Whether appointment and functions of the resolution professional under ss.97-99 constitute a judicial/adjudicatory function
  3. 3 Whether a hearing or adjudication is required prior to appointment of a resolution professional under s.97(5)

Ratio Decidendi

Sections 95 to 100 of the IBC are constitutionally valid: the resolution professional appointed under s.97 performs a facilitative, recommendatory role under s.99 (collating facts and seeking information relevant to the application) and does not exercise judicial adjudicatory power; no judicial determination is required prior to appointment of the resolution professional and the true adjudicatory function occurs under s.100 where the adjudicating authority must observe principles of natural justice and decide within the prescribed timeline whether to admit or reject the application; s.96 interim-moratorium is protective and operates in respect of the debt; s.99 information powers are...

Court Disposition

Writ petitions dismissed

Orders

  • Writ petitions dismissed
  • Applications for condonation of delay in refiling the writ petitions are allowed