"Evolving Norms in Individual Insolvency: An Analytical Study of Pivotal Supreme Court and NCLAT Judgments in India"

Abstract

The evolution of India’s Individual insolvency regime under the Insolvency and Bankruptcy Code (IBC), 2016, has been profoundly shaped by landmark judgments from the Supreme Court of India and the National Company Law Appellate Tribunal (NCLAT). This paper presents a comprehensive analysis of these judicial interventions, focusing on their transformative impact on the legal framework governing Individual guarantors to corporate debtors.The paper also explores operational challenges, including the NCLT’s procedural rigidity (as seen in Central Bank of India v. Deepen Parekh, 2024) and the distinction between debt enforcement and criminal liability (e.g., cheque bounce cases under Section 138 NI Act). By contextualizing these rulings within India’s broader insolvency ecosystem, the study underscores the judiciary’s role in balancing creditor recovery with principles of natural justice.

Ultimately, this scholarly tribute argues that while the Supreme Court and NCLAT have fortified India’s insolvency architecture, gaps remain in moratorium flexibility and cross-border insolvency. The paper concludes with policy recommendations to refine the IBC, ensuring it aligns with global best practices while safeguarding stakeholder interests.