Bank Of Baroda vs Farooq Ali Khan 2025 INSC 253 -Ss. 94-100 IBC - Judicial Review

Insolvency and Bankruptcy Code 2016 - Section 94-100 -The appointment of a resolution professional, at the very threshold, is statutorily mandated under Section 97 of the IBC - Adjudicating Authority does not adjudicate any point at this stage and need not decide jurisdictional questions regarding existence of the debt before appointing the resolution professional - This is because Section 99 requires the resolution professional to, at the first instance, gather information and evidence regarding repayment of the debt, and ascertain whether the application satisfies the requirements of Section 94 or Section 95 of the IBC. The existence of the debt will first be examined by the resolution professional in his report, and will then be judicially examined by the Adjudicating Authority when it decides whether to admit or reject the application under Section 100. (Para 9) - Referred to Dilip B. Jiwrajka v. Union of India (2024) 5 SCC 435.

Constitution of India - Article 226 - When statutory tribunals are constituted to adjudicate and determine certain questions of law and fact, the High Courts do not substitute themselves as the decision-making authority while exercising judicial review- While there is no exclusion of power of judicial review of High Courts, and the limits and restraint that the constitutional court exercises and must exercise are well articulated (Para 11) [Context: SC set aside HC judgment which interdicted the personal insolvency proceedings under the IBC ]