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2020 (10) TMI 1177 - SC - Insolvency and BankruptcyCIRP proceedings against the personal guarantors to corporate debtors - Transfer of the Writ Petitions filed before High Courts to this Court - vires of Section 95, 96, 99, 100, 101 of the Insolvency and Bankruptcy Code, 2016 - HELD THAT - The Writ Petitions that are pending in the High Courts pertaining to the challenge to the Notification dated 15.11.2019 and related issues have to be transferred to this Court. Transfer of the Writ Petitions to this Court would avoid conflicting decisions by the High Courts which are in seisin of the Writ Petitions. The Insolvency and Bankruptcy Code is at a nascent stage and it is better that the interpretation of the provisions of the Code is taken up by this Court to avoid any confusion, and to authoritatively settle the law. Considering the importance of the issues raised in the Writ Petitions which need finality of judicial determination at the earliest, it is just and proper that the Writ Petitions are transferred from the High Courts to this Court. The Writ Petitions are giving rise to the above Transfer Petitions which are pending before the High Courts to this Court. The Registries of the High Courts are directed to transmit the records of the Writ Petitions forthwith. Petition allowed.
Issues:
Transfer of Writ Petitions challenging Notification dated 15.11.2019 and related issues to Supreme Court. Analysis: The Insolvency and Bankruptcy Board of India filed Transfer Petitions seeking to transfer Writ Petitions challenging the Notification dated 15.11.2019 from various High Courts to the Supreme Court under Article 139 (A) read with Article 142 of the Constitution of India. The Ministry of Corporate Affairs brought provisions of the Insolvency and Bankruptcy Code, 2016 into force regarding personal guarantors to corporate debtors. Writ Petitions filed in High Courts challenged this Notification and sought a declaration of certain sections of the Code as unconstitutional. The Petitioner argued for transfer to avoid conflicting decisions by different High Courts and expedite resolution due to the importance of the matter. The Additional Solicitor General emphasized the significance of the issue and the need for a unified decision to prevent confusion arising from divergent opinions of High Courts. The Respondents, Writ Petitioners in High Courts, opposed the transfer citing readiness for hearing in Delhi High Court, the benefit of High Courts' opinions, and procedural objections. After considering submissions, the Supreme Court decided to transfer the Writ Petitions to avoid conflicting decisions, provide authoritative settlement of the law, and ensure finality in judicial determination at an early stage of the Insolvency and Bankruptcy Code. The Court directed the High Courts to transmit the records of the Writ Petitions promptly. As a result, the Supreme Court allowed the Transfer Petitions, directing no further Writ Petitions challenging the Notification dated 15.11.2019 to be entertained by any High Court. Interim orders passed by High Courts were to continue until further notice. This decision aimed to centralize the resolution of disputes related to the Notification and provisions concerning personal guarantors to corporate debtors, ensuring a coherent and efficient judicial process.
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