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february 2025

Supreme Court of India · 2025-02-20

Bank Of Baroda vs Farooq Ali Khan

Court
Supreme Court of India
Petitioner
Bank Of Baroda
Respondent
Farooq Ali Khan
Author
Pamidighantam Sri Narasimha
Bench
Pamidighantam Sri Narasimha

Judgment text excerpt

The Supreme Court examined whether the High Court could have invoked judicial review under Article 226 to interfere with personal insolvency proceedings initiated under Section 95 of the Insolvency and Bankruptcy Code, 2016, by claiming that the respondent's liability was waived. The Court held that the High Court lacked jurisdiction to interfere at that stage and restored the proceedings before the Adjudicating Authority. The judgment clarifies the limited scope of judicial review in insolvency matters and emphasizes the primacy of the statutory insolvency process.

Bank Of Baroda vs Farooq Ali Khan · Niyam