# In the matter of Dr. Vidya Sagar Garg Vs. Insolvency and Bankruptcy Board of India W. P. (C) 9520-2017, CM APPL. 38726-38727-2017

> HC judgment dated 2018-02-05. Citation: TCN-2018-HC-00020. The writ petition challenges an order dated 2017-10-12 issued by the Insolvency and Bankruptcy…

- **Court:** HC
- **Order date:** 5 Feb 2018
- **Citation:** TCN-2018-HC-00020
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/high-courts-chandigarh-bench/dr-vidya-sagar-garg-vs-insolvency-and-bankruptcy-board-of-india-w-p-83865841

## Summary

### Background

The writ petition challenges an order dated 2017-10-12 issued by the Insolvency and Bankruptcy Board of India (IBBI), which rejected the petitioner's application for registration as an Insolvency Professional (IP) under Regulation 6 of the Insolvency and Bankruptcy Board of India (Insolvency Professional) Regulations, 2016. The rejection was based on the ground that the petitioner was deemed not a fit and proper person under Regulation 4(g)(i) of the 2016 Regulation.

## Facts

Dr. Vidya Sagar Garg filed a writ petition challenging the Insolvency and Bankruptcy Board of India's (IBBI) order dated 2017-10-12, which rejected his application for registration as an Insolvency Professional (IP). The rejection was based on the premise that he was not a 'fit and proper person' due to a pending FIR (No. RC/219/2012, dated 2012-07-03) and subsequent chargesheet filed on 2014-02-17. An application for discharge was filed before the concerned Trial Court on 2016-01-13. The petitioner argued he had no role in the alleged infraction. The respondent's counsel acknowledged that the matter's perspective would change if the discharge application was allowed. The court considered the pending discharge application before the Trial Court.

## Issues and analysis

### Issue 1: Whether the writ petition challenging the rejection of the petitioner's application for …

**Ratio:** A writ petition can be considered premature if a related matter is pending before a lower

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**Reasoning:** The court reasoned that the outcome of the discharge application before the Trial Court

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**Interpretation:** The court interpreted the situation as one where judicial efficiency and

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**Application:** The court applied the principle of prematurity to the specific facts, noting

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## Parties

- **Judges:** RAJIV SHA…
- **Appellants:** VIDYA SAGA…
- **Respondents:** Insolvency and…

## Timeline

- **2012-07-03 — FIR Regis…**: FIR No. RC/219/2012 was…
- **2014-02-17 — Chargesheet…**: A chargesheet was filed following…

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