# In the matter of IBBI Vs.
Lalit Kumar Jain & Ors (Transfer Petition (Civil) No (s).1034 of 2020 with other petitions)

> SC judgment dated 2020-10-29. Citation: TCN-2020-SC-00015. The Insolvency and Bankruptcy Board of India filed transfer petitions under Article 139(A) read…

- **Court:** SC
- **Order date:** 29 Oct 2020
- **Citation:** TCN-2020-SC-00015
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/ibbi-vs-lalit-kumar-jain-ors-05694026

## Summary

### Background

The Insolvency and Bankruptcy Board of India filed transfer petitions under Article 139(A) read with Article 142 of the Constitution of India, seeking the transfer of writ petitions filed before various High Courts to the Supreme Court. These writ petitions challenged a notification dated 15.11.2019 issued by the Ministry of Corporate Affairs, which brought into force provisions of the Insolvency and Bankruptcy Code, 2016, related to personal guarantors to corporate debtors. The writ petitioners also challenged the constitutionality of Sections 95, 96, 99, 100, and 101 of the IBC insofar as they apply to personal guarantors.

## Facts

The Insolvency and Bankruptcy Board of India (IBBI) filed transfer petitions seeking to move writ petitions from various High Courts to the Supreme Court. These writ petitions challenged a notification dated 2019-11-15 issued by the Ministry of Corporate Affairs, which enforced certain provisions of the Insolvency and Bankruptcy Code (IBC) related to personal guarantors of corporate debtors. The writ petitioners also challenged the constitutionality of specific sections of the IBC (Sections 95, 96, 99, 100, and 101) as they applied to personal guarantors. The IBBI argued that transferring the cases would ensure consistent interpretation of the IBC and avoid conflicting judgments from different High Courts. The respondents, who were writ petitioners in the High Courts,

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## Issues and analysis

### Issue 1: Whether the writ petitions pending before various High Courts, challenging the notification dated …

**Ratio:** The Supreme Court has the power to transfer cases from High Courts to itself under

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**Reasoning:** The Court reasoned that transferring the writ petitions would avoid conflicting decisions

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**Interpretation:** This issue involves the interpretation of the Supreme Court's power to transfer

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**Application:** The ratio and reasoning were applied to the specific facts of the case, where

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## Parties

- **Judges:** L. Nageswa…; HEMANT…; +1 more
- **Appellants:** Insolvency and…
- **Respondents:** LALIT KUMA…
- **Other parties:** Affir…
- **Advocates:** Madhavi…

## Timeline

- **2019-11-15 — Notification by…**: The Ministry of Corporate Affairs issued a notification bringing into force provisions of…
- **2019-12-01 — Effective Date of…**: The provisions of the Insolvency and Bankruptcy Code, 2016, related to personal…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 1(3) — Short title, extent and commencement](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-1)

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