# In the matter of CA V.Venkata Siva Kumar Vs. The Union of India and Ors. W.P.Nos.11059 and 11062 of 2019

> HC judgment dated 2021-01-22. Citation: TCN-2021-HC-00036. The writ petitions, W.P.Nos.11059 and 11062 of 2019, were filed under Article 226 of the…

- **Court:** HC
- **Order date:** 22 Jan 2021
- **Citation:** TCN-2021-HC-00036
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/high-courts-chandigarh-bench/ca-vvenkata-siva-kumar-vs-the-union-of-india-and-ors-wpnos11059-and-11062-of-201-bc491ba7

## Summary

### Background

The writ petitions, W.P.Nos.11059 and 11062 of 2019, were filed under Article 226 of the Constitution of India. The petitioner sought a writ of Mandamus to direct the respondents to constitute committees to address issues related to the Insolvency and Bankruptcy Code (IBC) and the functioning of its authorities. The petitioner, CA V.Venkata Siva Kumar, suggested improvements to the adjudicating mechanism of the IBC, as outlined in his letters dated 27.10.2018 and 15.11.2018. The Union argued that the petitioner's suggestions were biased and targeted a particular official.

## Facts

CA V.Venkata Siva Kumar filed two writ petitions, W.P.Nos.11059 and 11062 of 2019, seeking a writ of Mandamus under Article 226 of the Constitution of India. The petitions aimed to compel the respondents, including the Union of India and the National Company Law Tribunal, to form committees to address issues related to the Insolvency and Bankruptcy Code (IBC) and its authorities. The petitioner had sent letters dated 2018-10-27 and 2018-11-15 suggesting improvements to the IBC's adjudicating mechanism. The Union of India opposed the petitions, arguing that the petitioner's suggestions were biased and targeted a specific official. The court considered the petitions and the Union's objections.

## Issues and analysis

### Issue 1: Whether a writ of Mandamus can be issued to direct the legislature or executive to incorporate …

**Ratio:** The court cannot issue a mandamus to either the legislature to incorporate any suggestion

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**Reasoning:** The court reasoned that the matters carried to the court cannot be looked into, and it is

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**Interpretation:** The court interprets its role as not extending to directing the legislature or

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**Application:** The court applied this principle to the petitioner's request, stating that it

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## Parties

- **Judges:** Sanjib Ba…; Senthilkumar…
- **Appellants:** CA.V.VENKATA SIVA…
- **Respondents:** The Union o…

## Timeline

- **2018-10-27 — Petitioner's…**: The petitioner sent a letter suggesting improvements to the adjudicating mechanism of the…
- **2018-11-15 — Petitioner's…**: The petitioner sent a letter against the 5th respondent for initiating proceedings under…

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