Accommodation Guarantors And The Blunt Edge Of Section 238 IBC: Limits Of Contractual Justice
IJLLR Journal
Aashish Barman, Jindal Global Law School, O.P Jindal University, Sonipat, Haryana ABSTRACT The Insolvency and Bankruptcy Code, 2016 (IBC) enforces an insolvency framework applicable to personal guarantors of corporate debtors with disregard to their protections under the Indian Contract Act, 1872 (ICA), on account of the overriding provisions of Section 238 of the IBC. The framework’s constitutional validity was affirmed by the Supreme Court in Lalit Kumar Jain v. Union of India (2021),...