The Supreme Court on Thursday ordered the transfer, to itself, of all petitions pending before various High Courts against the provisions of Insolvency and Bankruptcy Code (IBC) with regard to personal insolvency, according to an IANS report. A bench comprising Justices L. Nageswara Rao, Hemant Gupta and Ajay Rastogi passed the order on the petition of the Insolvency and Bankruptcy Board of India under Article 139 (A) read with Article 142 of the Constitution, seeking transfer of the writ petitions filed before High Courts to the apex court.
"The Insolvency and Bankruptcy Code is at a nascent stage and it is better that the interpretation of the provisions of the Code is taken up by this court to avoid any confusion, and to authoritatively settle the law," the bench said.
By a notification dated November 15, 2019, the Ministry of Corporate Affairs, in exercise of its power conferred under Section 1(3) of the Insolvency and Bankruptcy Code, 2016 brought into force the provisions of the Insolvency and Bankruptcy Code, 2016 insofar as they related to 'personal guarantors to corporate debtors' with effect from December 1, 2019.
Writ petitions were filed in the Delhi High Court and other High Courts challenging this notification and the Insolvency and Bankruptcy (Application to Adjudicating Authority for Insolvency Resolution Process of Personal Guarantors to Corporate Debtors) Rules, 2019.