Supreme Court of India

Dilip B Jiwrajka v. Union of India & Ors

Neutral citation
Reported as [2023] 16 S.C.R. 562
Bench Dr. Dhananjaya Y Chandrachud, J B Pardiwala and Manoj Misra JJ.
Decided 9 November 2023

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

2 Supreme Court benches have cited this judgment.

What the Court ordered

We hold that Sections 95 to 100 of the IBC are not unconstitutional.

Judgment, page 48

From the headnote

Issue for consideration: Constitutional validity of ss.95 to 100 of the Insolvency and Bankruptcy Code, 2016. Insolvency and Bankruptcy Code, 2016 – ss.95 to 100 – Constitutional validity – Challenge to: Held: Provisions of ss.95 to 100 are not unconstitutional as they do not violate Articles 14 and 21– No judicial adjudication is involved at the stages envisaged in ss.95 to 99 – The resolution professional appointed u/s.97 serves a facilitative role of collating all the facts relevant to the examination of the application for the commencement of the ins olvency resolution process preferred

Authorities it was built on

Where later benches applied it

Of those, 1 referred to · 1 mentioned

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