Hindustan Times (Lucknow)

Guarantors liable if firms fail to repay: SC

- Utkarsh Anand letters@hindustant­imes.com

NEW DELHI : Promoters, managing directors and chairmen, who stand as personal guarantors to corporate loans, can also be proceeded against before the company law tribunal if their firms are unable to repay debts, ruled the Supreme Court on Friday as it declared “legal and valid” a November 15, 2019, notificati­on issued by the Union government under the Insolvency and Bankruptcy Code (IBC).

“It is held that the impugned notificati­on was issued within the power granted by Parliament, and in valid exercise of it. The exercise of power in issuing the impugned notificati­on is therefore, not ultra vires; the notificati­on is valid,” a bench of justices L Nageswara Rao and S Ravindra Bhat held.

Affirming the government’s mandate, the bench dismissed a clutch of 75 petitions, including the ones filed by industrial­ists Anil Ambani, Venugopal Dhoot, and Kapil Wadhawan who had personally guaranteed corporate debt, and who challenged the validity of the 2019 notificati­on that sought to make them personally liable for remaining debts not settled in the resolution plan of the companies under insolvency.

Friday’s ruling means that in keeping with the government notificati­on that activated the IBC

har Mehta, while pointing out the flaws in the judgment, felt that a solution lay by ensuring that all Covid-19 related PILs got listed only before the chief justice-headed bench.

In Allahabad high court itself, several benches were hearing PILs related to issues surroundin­g Covid-19 management in the state that led to passing of different set of orders, Mehta pointed out.

“Let only chief justice-led bench take up Covid-19 related issues. Similar situation is there in other high courts too. There are inter-state issues involved in these cases as some issues dealt by Kerala high court can have repercussi­ons in Karnataka,” the solicitor general said. The bench reminded Mehta that he was representi­ng the UP government in this matter.

Moreover, the bench observed, “We will not pass general orders. The constituti­on of benches is the prerogativ­e of the Chief Justice. It is up to them to pass orders (on allocation of cases). We cannot demoralize the high courts.”

At the same time, the bench reminded the high courts to avoid pitfalls in their anxiety to serve the greater good concerning the patients and common public. For instance, the Allahabad HC had ordered the state to provide two ambulances with ICU facility in every village within a month.

“This was humanly impossible as the state has more than 97,000 villages,” solicitor general Tushar Mehta said.

Also, there was another direction to equip all nursing homes with oxygen facilities and ICU beds with ventilator support and BiPAP machines. Similar directions with regard to procuremen­t of vaccines and upgrading medical colleges in the state were also issued in the May 17 order.

“High courts should avoid passing orders in matters concerning national and trans-internatio­nal ramificati­ons, more so when the Supreme Court is dealing with such issues,” said a vacation bench of Justice Vineet Saran and Justice BR Gavai.

The bench refused to stay the ongoing proceeding­s before the Allahabad high court but observed, “In dealing with such matters and anxiety of courts to give relief to patients who are suffering, sometimes, unwittingl­y, the courts overstep and pass orders that are not capable to be implemente­d.”

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