# In the matter of Jitender Kumar Jain vs. Union of India

> HC judgment dated 2025-02-10. Citation: TCN-2025-HC-00075. The writ petition challenges the order dated 18th December 2024 passed by the Disciplinary…

- **Court:** HC
- **Order date:** 10 Feb 2025
- **Citation:** TCN-2025-HC-00075
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/bombay-high-court-panaji/jitender-kumar-jain-vs-union-of-india-6b837c6f

## Summary

### Background

The writ petition challenges the order dated 18th December 2024 passed by the Disciplinary Committee of the Insolvency and Bankruptcy Board of India, which suspended the petitioner's authorization for assignment for three months.

## Facts

The petitioner's authorization for assignment was suspended for three months by the Disciplinary Committee of the Insolvency and Bankruptcy Board of India.

The petitioner tendered his resignation on 26th December 2024.

The Committee of Creditors/Stakeholders Consultation Committee of the Corporate Debtor was required to decide about the continuation of the petitioner's assignment.

Lenders (State Bank of India, Bank of Baroda, and Edelweiss Asset Reconstruction Company Ltd.) resolved to request the petitioner to withdraw his resignation.

The petitioner withdrew his resignation on 10th January 2025.

The petitioner is permitted to continue as Liquidator of the Corporate Debtor.

Notice was issued to the respondents, returnable on 24th February 2025.

## Issues and analysis

### Issue 1: Whether the petitioner can continue as Liquidator of the Corporate Debtor, considering the …

**Ratio:** The court permitted the petitioner to continue as Liquidator of the Corporate Debtor in

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**Reasoning:** The court considered the withdrawal of the resignation by the petitioner and the

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**Interpretation:** The court interpreted the situation as allowing the petitioner to continue his

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**Application:** The court applied the principle of maintaining the status quo and ensuring the

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## Parties

- **Judges:** ATUL S. CHA…; M.M. SA…
- **Appellants:** Jitender Kumar…
- **Respondents:** Union of…; Through Ministry…
- **Other parties:** Kalabu…
- **Advocates:** Rahul…; Arjun…; +1 more

## Timeline

- **2024-12-18 — Order by Disciplinary…**: The Disciplinary Committee of the Insolvency and Bankruptcy Board of India passed an…
- **2024-12-26 — Resignation T…**: The petitioner tendered…

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