# In the matter of CA.V. Venkata Siva Kumar vs. Disciplinary Committee DISCIPLINARY COMMITTEE & Ors.

> HC judgment dated 2021-02-26. Citation: TCN-2021-HC-00033. The case involves writ petitions filed under Article 226 of the Constitution of India, challenging…

- **Court:** HC
- **Order date:** 26 Feb 2021
- **Citation:** TCN-2021-HC-00033
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/high-courts-chandigarh-bench/cav-venkata-siva-kumar-vs-disciplinary-committee-disciplinary-committee-ors-dbaa82fa

## Summary

### Background

The case involves writ petitions filed under Article 226 of the Constitution of India, challenging orders passed by the Insolvency and Bankruptcy Board of India (IBBI) and the IIIPA/ICAI. The petitioner, CA.V.Venkata Siva Kumar, is aggrieved by an order directing him to pay a penalty for allegedly violating Regulation 7A of the IP Regulations, which requires an Insolvency Professional to procure a valid AFA before undertaking any assignment after 31.12.2019. The petitioner also challenges an order barring him from accepting assignments for the whole year 01.01.2020 to 31.12.2020.

## Facts

CA.V.Venkata Siva Kumar filed writ petitions challenging orders passed by the Insolvency and Bankruptcy Board of India (IBBI) and the IIIPA/ICAI. The IBBI order, dated 17th December 2020, directed the petitioner to pay a penalty of Rs.10,000 for allegedly violating Regulation 7A of the IP Regulations. The IIIPA/ICAI order, dated 01.12.2020, barred the petitioner from accepting assignments for the entire year of 2020. The petitioner claims to have complied with the IP regulations and paid the required fees. The court considered the petitioner's arguments and the documents presented and granted an interim injunction restraining coercive action against the petitioner.

## Issues and analysis

### Issue 1: Whether an interim injunction should be granted restraining the respondents from taking any …

**Ratio:** A prima facie case must be established to warrant the grant of an interim injunction. The

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**Reasoning:** The court, after considering the averments in the affidavit, the documents filed, and the

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**Interpretation:** The court interpreted the facts and circumstances to determine if the

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**Application:** Based on the petitioner's claim of compliance with IP regulations and payment

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## Parties

- **Judges:** ABDUL QUD…
- **Appellants:** CA.V.VENKATA SIVA…
- **Respondents:** Disciplinary…

## Timeline

- **2020-12-17 — IBBI Ord…**: The 1st Respondent, IBBI, passed order No.IBBI/ DC/ 61/ 2020 directing the petitioner to…
- **2020-12-01 — IIIPA/ICAI…**: The 2nd Respondent, IIIPA/ICAI, passed order DCNO.IIIPI/ DC/ 29/ 2020-21 barring the…

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