SC held that High Court's exercise of writ jurisdiction under ...

Personal Insolvency: Early Court Intervention Before Resolution Professional's Report Under IBC Sections 97-100 Deemed Premature

February 26, 2025

Case Laws     IBC     SC

SC held that High Court's exercise of writ jurisdiction under Article 226 to halt personal insolvency proceedings was premature and unjustified. Following Jiwrajka precedent, appointment of resolution professional under IBC Section 97 is preliminary, with debt verification occurring first through professional's report under Section 99, then judicial examination by Adjudicating Authority under Section 100. High Court intervened before resolution professional's report, improperly preempting statutory process. While judicial review power exists, constitutional courts must exercise restraint when specialized tribunals are designated for specific determinations. Statutory process through resolution professional and Adjudicating Authority should have been allowed to proceed. Appeal allowed, High Court order set aside.

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