# In the matter of Gaurav Garg Vs. Union of India & Ors. Writ Petition (Civil) No.478/2022 and other writ petitions

> SC judgment dated 2022-07-08. Citation: TCN-2022-SC-00039. The Supreme Court of India is hearing writ petitions questioning the validity of certain sections…

- **Court:** SC
- **Order date:** 8 Jul 2022
- **Citation:** TCN-2022-SC-00039
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/gaurav-garg-vs-union-of-india-ors-writ-petition-33a9cd43

## Summary

### Background

The Supreme Court of India is hearing writ petitions questioning the validity of certain sections of the Insolvency and Bankruptcy Code, 2016. Notices have been issued with interim orders in these petitions. The issues involved are similar to those in other pending petitions.

## Facts

The Supreme Court is hearing Writ Petition (Civil) No.478/2022 along with connected matters W.P.(C) No. 485/2022 (X) and W.P.(C) No. 486/2022 (X). These petitions question the validity of Sections 95(1), 96(1), 97 (5), 99 (1), 99(2), 99(4), 99 (5), 99 (6) and 100 of the Insolvency and Bankruptcy Code, 2016. Notices have been issued with interim orders. The court has directed that the petitioners shall not transfer, alienate, encumber or dispose of any of their assets or legal rights or beneficial interest therein. The Resolution Professional is also directed not to proceed with filing of the report. The issues in these petitions are similar to those in other pending petitions.

## Issues and analysis

### Issue 1: Whether Sections 95(1), 96(1), 97 (5), 99 (1), 99(2), 99(4), 99 (5), 99 (6) and 100 of the …

**Ratio:** The ratio will be determined based on the court's interpretation of the specific sections

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**Reasoning:** The court's reasoning will be based on a detailed analysis of the legislative intent

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**Interpretation:** The interpretation will involve examining the language of the sections, their

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**Application:** The application will involve applying the court's interpretation of the

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## Parties

- **Judges:** DINESH MAHE…; KRISHNA M…
- **Appellants:** Gaurav…
- **Respondents:** Union of…

## Timeline

- **2022-07-08 — Hearing…**: The petition was called…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 95(1) — Application by creditor to initiate insolvency…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-95)

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