Which point of distinction was central to the Supreme Court's rejection of the challenges to the…
Dilip B. Jiwrajka distinguishes the functions of the resolution professional under Parts II and III of the Insolvency and Bankruptcy Code. Under Part III, the professional…
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Which point of distinction was central to the Supreme Court's rejection of the challenges to the constitutional validity of the IBC provisions dealing with personal guarantors in Dilip B Jiwrajka v. Union of India?
Answer and explanation
Correct answer B
Dilip B. Jiwrajka distinguishes the functions of the resolution professional under Parts II and III of the Insolvency and Bankruptcy Code. Under Part III, the professional gathers and examines information and recommends whether the application should be accepted; that recommendation does not bind the adjudicating authority. The professional does not take over the individual debtor's assets or business as a corporate insolvency professional can under Part II.
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