HEMANT BOHRA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner is guarantor, against whom the proceedings under the Insolvency and Bankruptcy Code, 2016 ('IBC', for short) have been instituted. He has challenged the constitutionality of Ss. 95, 97 and 99 of the IBC.

(2.) Learned counsel for the petitioner has strenuously urged that the scheme under Chapter III of the IBC and in particular the impugned statutory provisions envisaged appointment of resolution professional, who himself at the instance of the creditors filed application under Sec. 95 of the IBC and who thus, has personal interest.

(3.) Issue notice to the respondents, returnable on 7/2/2022.