# In the matter of Lalit Kumar Jain Vs. Union of India Ministry of Law and Justice & Ors. W.P.(C) 4849/2020

> HC judgment dated 2020-08-04. Citation: TCN-2020-HC-00022. The case involves a petition filed by Lalit Kumar Jain against the Union of India Ministry of Law…

- **Court:** HC
- **Order date:** 4 Aug 2020
- **Citation:** TCN-2020-HC-00022
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/high-courts-chandigarh-bench/lalit-kumar-jain-vs-union-of-india-ministry-of-law-and-justice-ors-wp-a6e48a47

## Summary

### Background

The case involves a petition filed by Lalit Kumar Jain against the Union of India Ministry of Law and Justice & Ors. The court is addressing issues related to proceedings against the Corporate Debtor and the liability of the petitioner as a Personal Guarantor. The proceedings against the petitioner under Part 3 of the IBC have been stayed.

## Facts

Lalit Kumar Jain filed a petition against the Union of India Ministry of Law and Justice & Ors. The court is dealing with proceedings related to a Corporate Debtor. Lalit Kumar Jain is also a Personal Guarantor. The court has stayed proceedings against the petitioner under Part 3 of the IBC, while allowing proceedings to continue in relation to the Corporate Debtor. The liability of the petitioner as a Personal Guarantor may be examined by the IRP. Notice was issued to respondent No.5, returnable on 06.10.2020. Served respondents were given four weeks to file their counter affidavit.

## Issues and analysis

### Issue 1: Whether the proceedings against the petitioner …

**Ratio:** The court has the power to grant interim relief, including a stay of proceedings, to

…

**Reasoning:** The court decided to stay the proceedings against the petitioner under Part 3 of the IBC,

…

**Interpretation:** This indicates the court's consideration of the potential impact of the IBC

…

**Application:** The stay applies specifically to proceedings against the petitioner under Part

…

## Parties

- **Judges:** VIPIN S…; RAJNISH BHA…
- **Appellants:** LALIT KUMA…
- **Respondents:** UNION OF INDIA…

## Timeline

- **2020-08-04 — Order Da…**: Court order issued. Exemption allowed, subject to all just exceptions. The application…
- **2020-10-06 — Returnabl…**: Notice issue to respondent…

---

This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/high-courts-chandigarh-bench/lalit-kumar-jain-vs-union-of-india-ministry-of-law-and-justice-ors-wp-a6e48a47