# In the matter of Vachaspati and Ors. Vs. Insolvency and Bankruptcy Board of India and Ors. W.P.(C) 5711/2020

> HC judgment dated 2020-09-10. Citation: TCN-2020-HC-00014. The case involves a petition filed by Vachaspati & Ors. against the Insolvency and Bankruptcy Board…

- **Court:** HC
- **Order date:** 10 Sept 2020
- **Citation:** TCN-2020-HC-00014
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/high-courts-chandigarh-bench/vachaspati-and-ors-vs-insolvency-and-bankruptcy-board-of-india-and-ors-wp-fc26df71

## Summary

### Background

The case involves a petition filed by Vachaspati & Ors. against the Insolvency and Bankruptcy Board of India (IBBI) & Ors., primarily aggrieved by a communication dated 13.08.2020 from respondent no.1 regarding a complaint filed against Mr. Anil Kohli, IP. The petitioners sought directions for the IBBI to initiate disciplinary proceedings against Respondent No. 2, provide a copy of the show cause notice to the Petitioners, and allow them to participate in the disciplinary proceedings.

## Facts

Vachaspati & Ors. filed a petition against the Insolvency and Bankruptcy Board of India (IBBI) & Ors., being aggrieved by a communication dated 13.08.2020 from respondent no.1. The communication pertained to a Form-A complaint dated 25.06.2020 filed against Mr. Anil Kohli, IP, under the IBBI (Grievance and Complaint Handling Procedure) Regulations, 2017. The petitioners sought a Writ of Mandamus directing the IBBI to initiate disciplinary proceedings against Respondent No. 2, furnish a show cause notice, and allow the Petitioners to participate in the proceedings. The respondent no.1 asserted that a prima facie case has been found against the respondent no.2, and the complaint is pending for consideration under Regulation 7(7). The petitioners argued that the

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## Issues and analysis

### Issue 1: Whether the communication from the respondent no.1 to the petitioners satisfied the requirements of …

**Ratio:** Regulation 7 of the IBBI (Grievance and Complaint Handling Procedure) Regulations, 2017,

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**Reasoning:** The court reasoned that merely informing the petitioner that appropriate action is being

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**Interpretation:** Regulation 7 is interpreted to mean that the IBBI must explicitly communicate

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**Application:** In this case, the court found that the communication from the respondent no.1

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## Parties

- **Judges:** NAVIN C…
- **Appellants:** VACHAS…
- **Respondents:** Insolvency and…

## Timeline

- **2020-06-25 — Form-A Com…**: Form-A complaint filed against Mr. Anil Kohli, IP, under the IBBI (Grievance and…
- **2020-08-13 — Communication from…**: Communication from respondent no.1 to the petitioners regarding the complaint filed…

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