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Supreme Court of India

Bank of Baroda v. Farooq Ali Khan & Ors.

Neutral citation
Reported as [2025] 2 S.C.R. 687
Bench Pamidighantam Sri Narasimha and Manoj Misra JJ.
Decided 19 February 2025

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.

What the Court ordered

In view of the above reasons, we allow the present appeal and set aside the impugned order dated 28.05.2024 by the Karnataka High Court in Writ Petition No. 6288/2024 (GM-RES).

Judgment, page 9

From the headnote

Issue for Consideration Whether the High Court could have justifiably invoked judicial review u/Art.226 of the Constitution to interdict personal insolvency proceedings initiated against respondent no.1 u/s.95 of the Insolvency and Bankruptcy Code, 2016 by holding that his liability as a debtor has been waived. Headnotes† Constitution of India – Art.226 – Insolvency and Bankruptcy Code, 2016 – s.95 – Whether the High Court correctly exercised its writ jurisdiction to interdict the personal insolvency proceedings under the IBC against respondent no. 1: Held: The Adjudicating Authority, by its

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