2024 TaxPub(CL) 156 (Del-HC)
INSOLVENCY AND BANKRUPTCY CODE, 2016
Section
208
IBBI
(Grievance and Complaint Handling Procedure) Regulations, 2017 - Regulation 3
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The Code has prescribed the format for the complaint. The complaint filed
is liable to be rejected where it is not submitted in accordance with such
format.
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Mandamus - Complaint filed in improper
format - Rejected by IBBI - Petition filed--Allowability thereof
The petitioner filed instant petition before the
High Court seeking a Mandamus to initiate disciplinary proceedings against
respondent -IBBI on ground that a complaint had been filed against Interim
Resolution Professional (IRP), however, petitioners were not aware of the
outcome of their complaint. The IBBI stated that the complaint filed by
petitioners did not adhere to the format prescribed by the IBBI. Held:
The petitioners were permitted to file a fresh complaint in the format
prescribed under the Regulations within a period of 14 days and the IBBI was
directed to consider the complaint in accordance with law de hors the
fact that the earlier complaint had been disposed of.
REFERRED :
FAVOUR : Petition disposed off
A.Y. :
IN THE DELHI HIGH COURT
SUBRAMONIUM PRASAD, J.
Renu Anand v.
Insolvency & Bankruptcy Board of India
W.P. (C) No. 7857 of
2021
17 August, 2023
Petitioner by: Ankur Singhal, Advocate
Respondent by: Puneet Jain, Umang Mehta, Mann Arora, and Rajat Chaudhary, Advocates
1. The Petitioners have approached this Court with the following
prayers :--
'(a) Issue a
Writ of Mandamus or any other Writ, Order or Direction of similar nature
directing the respondent no. 1 to initiate disciplinary proceedings thereby
furnishing show cause notice to the respondent no. 2 under Regulation 11 of the
IBBI (Insolvency Professionals) Regulations, 2016 read with Regulation 12 of
the IBBI (Inspection and Investigation Regulation), 2017;
(b) Issue a
Writ of Mandamus or any other Writ, Order or direction of similar nature
directing the respondent no. 1 to provide the copy of the show cause notice to
the Petitioners, thereby, allowing the Petitioners to participate in the
disciplinary proceedings against the respondent no. 2;
(c) Issue a
Writ of Mandamus or any other Writ, Order or directions of similar nature
directing the respondent no. 1 to dispose off the complaint/representation
filed by the Petitioners against the respondent no. 2
(d) Pass any
other order or direction as deemed fit and proper in favour of the petitioners
and against the respondents.'
2. It is stated by the Petitioners that a complaint dated 16-10-2020
had been filed against the Interim Resolution Professional (IRP) and the
Petitioners are not aware of the outcome of their complaint.
3. Mr. Puneet Jain, learned Counsel for the Insolvency and Bankruptcy
Board of India (IBBI), draws the attention of this Court towards the Insolvency
and Bankruptcy Board of India (Grievance and Complaint Handling Procedure)
Regulations, 2017 and more particularly to Form-A appended with the
Regulations, which gives the format in which a complaint has to be filed. The
complaint which has been filed by the Petitioners does not adhere to the format
prescribed by the IBBI. He states that the complaint has been disposed of by
the Board.
4. The Petitioners are permitted to file a fresh complaint in the
format prescribed under the Regulations within a period of 14 days from today
and the IBBI is directed to consider the complaint in accordance with law de
hors the fact that the earlier complaint has been disposed of.
5. With these observations, the petition is disposed of along with
pending application(s), if any.