# In the matter of Saurabh Jain & Anr. Vs. Union of India & Ors. Writ Petition (Civil) No. 976/2020

> SC judgment dated 2020-09-22. Citation: TCN-2020-SC-00029. The case is a Writ Petition (Civil) No. 976/2020 filed by Saurabh Jain & Anr. against the Union of…

- **Court:** SC
- **Order date:** 22 Sept 2020
- **Citation:** TCN-2020-SC-00029
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/saurabh-jain-anr-vs-union-of-india-ors-writ-petition-cda901bb

## Summary

### Background

The case is a Writ Petition (Civil) No. 976/2020 filed by Saurabh Jain & Anr. against the Union of India & Ors. The petition was called for hearing on 22-09-2020. The court had previously ordered a representation to be made to the Ministry of Finance regarding the initiation of insolvency resolution process against personal guarantors.

## Facts

Saurabh Jain & Anr. filed a Writ Petition (Civil) No. 976/2020 against the Union of India & Ors. The court had previously ordered a representation to the Ministry of Finance regarding the initiation of insolvency resolution process against personal guarantors. The Department of Financial Services issued an advisory to PSBs for formalizing policy and standard operating procedure regarding the initiation of insolvency resolution process against personal guarantors. The advisory also addressed staff accountability in cases of non-performing assets. The court found that the representation had been answered and dismissed the petition.

## Issues and analysis

### Issue 1: Whether the representation made to the Ministry of Finance regarding the initiation of insolvency …

**Ratio:** When a representation is made pursuant to a court order, and the concerned authority

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**Reasoning:** The court considered the letter from the Under Secretary of the Department of Financial

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**Interpretation:** This legal issue concerns the adequacy of a response to a representation made

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**Application:** In this case, the court applied the ratio by examining the letter from the

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## Parties

- **Judges:** ROHINTON FALI…; NAVIN S…; +1 more
- **Appellants:** SAURABH…
- **Respondents:** Union of…

## Timeline

- **2020-07-20 — Court Or…**: The court issued an…
- **2020-07-21 — Representation to…**: A representation was made to the Ministry of…

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