# In the matter of Mr. Sabbineni Surendra Vs.  Union of lndia, Ministry of Corporate Affairs and Ors. WRIT PETITION NO: 15439 OF 2020

> HC judgment dated 2020-09-21. Citation: TCN-2020-HC-00012. The writ petition No. 15439 of 2020 was filed in the High Court of Telangana at Hyderabad by Mr.…

- **Court:** HC
- **Order date:** 21 Sept 2020
- **Citation:** TCN-2020-HC-00012
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/high-courts-chandigarh-bench/mr-sabbineni-surendra-vs-union-of-lndia-ministry-of-corporate-affairs-and-ors-wr-d01980fb

## Summary

### Background

The writ petition No. 15439 of 2020 was filed in the High Court of Telangana at Hyderabad by Mr. Sabbineni Surendra against the Union of India, Insolvency and Bankruptcy Board of India, Coastal Projects Ltd., and the State Bank of India. The petitioner challenged the constitutionality of certain provisions of the Insolvency and Bankruptcy Code, 2016, and related notifications and regulations pertaining to personal guarantors of corporate debtors. The High Court issued notices to the respondents and granted an interim stay on the impugned notice issued by the State Bank of India.

## Facts

Mr. Sabbineni Surendra filed a writ petition in the High Court of Telangana challenging the constitutionality of notification S.O.4126(E) dated 15/11/2019, Sections 95, 96, 97, 99, 100, and 101 of the Insolvency and Bankruptcy Code, 2016, and related rules and regulations concerning the insolvency resolution process for personal guarantors to corporate debtors. The petitioner also challenged the Insolvency and Bankruptcy (Application to Adjudicating Authority for Insolvency Resolution Process for Personal Guarantors to Corporate Debtors) Rules, 2019, and Regulations, 2019. The petitioner specifically contested rules 7 and 3(e) of the Insolvency and Bankruptcy (Application to Adjudicating Authority for Insolvency Resolution Process for Personal Guarantors to Corporate

…

## Issues and analysis

### Issue 1: Whether the notification bearing S.O.4126(E) dated 15/11/2019 issued by Respondent No.1 is …

**Ratio:** The ratio would depend on the specific grounds on which the notification is challenged,

…

**Reasoning:** The court would examine the notification's contents, the legal basis for its issuance,

…

**Interpretation:** The interpretation would involve understanding the scope and purpose of the

…

**Application:** The court would apply the relevant legal principles to the specific facts of

…

## Parties

- **Judges:** Raghvendra Singh…; B.Vijaysen…
- **Appellants:** Sabbineni S…
- **Respondents:** Coastal Projects…; Union of…

## Timeline

- **2020-09-21 — Court He…**: The High Court heard the arguments of the petitioner's advocate and issued notices to the…
- **2019-11-15 — Notification…**: Notification bearing…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 95 — Application by creditor to initiate insolvency…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-95)

---

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/mr-sabbineni-surendra-vs-union-of-lndia-ministry-of-corporate-affairs-and-ors-wr-d01980fb