#public law element

The Bombay High Court has ruled that filing a writ petition to obstruct ongoing personal insolvency proceedings under the IBC, after a delay of nearly ten years, is an abuse of process. The judgment reinforces that statutory adjudication under the IBC must prevail over belated public law challenges, setting a critical precedent for creditors and guarantors facing delayed constitutional challenges to insolvency triggers.

The Calcutta High Court held that state-owned insurers cannot repudiate insurance claims by disregarding unchallenged survey reports or failing to articulate reasons, as this violates the constitutional mandate of fairness under Article 14. This ruling binds all public sector insurers to adopt transparent, evidence-based decision-making in claim assessments, reinforcing accountability in administrative action.