With reference to the Supreme Court judgment in Mansi Brar Fernandes v. Shubha Sharma (2025), consider the following statements: 1. The Court ruled that speculative investors with 'assured return' arrangements can freely initiate insolvency proceedings under the IBC. 2. The Court declared that the right to timely possession of one's home is a facet of the fundamental right to shelter under Article 21. Which of the statements given above is/are correct?

Question

Accepted Answer

2 only — Statement 1 is incorrect because the Supreme Court explicitly held that speculative investors seeking assured returns cannot invoke the IBC to trigger insolvency, differentiating them from genuine homebuyers. Statement 2 is correct as the Court reaffirmed that timely housing possession is an integral part of the Right to Shelter under Article 21.

Speculative Investors Under IBC Judgment

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