# In the matter of Abba Consultants Private Limited vs. Insolvency and Bankruptcy Board of India & Ors.

> HC judgment dated 2023-11-03. Citation: TCN-2023-HC-00021. The Petitioner approached the High Court of Delhi seeking a writ of mandamus against the Insolvency…

- **Court:** HC
- **Order date:** 3 Nov 2023
- **Citation:** TCN-2023-HC-00021
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/high-courts-new-delhi/abba-consultants-private-limited-vs-insolvency-and-bankruptcy-board-of-india-ors-0e46b732

## Summary

### Background

The Petitioner approached the High Court of Delhi seeking a writ of mandamus against the Insolvency and Bankruptcy Board of India (IBBI), referred to as 'the Board', to take action against Respondent No.3 (now Respondent No.2), an Insolvency Resolution Professional (IRP), for misconduct in the Corporate Insolvency Resolution Process (CIRP) of M/s Sandhya Prakash Limited, the Corporate Debtor. The Petitioner also sought a restraining order against Respondent No.3 from functioning as a Liquidator of the Corporate Debtor during the pendency of the writ petition. The National Company Law Tribunal (NCLT) at Ahmadabad initiated CIRP against the Corporate Debtor. The petitioner alleged that the IRP failed to perform duties diligently, specifically regarding public

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## Facts

The Petitioner, ABBA Consultants Private Limited, an Operational Creditor of M/s Sandhya Prakash Limited (Corporate Debtor), filed a writ petition seeking action against Respondent No.3 (later Respondent No.2), an Insolvency Resolution Professional (IRP), for misconduct during the CIRP. The NCLT initiated CIRP against the Corporate Debtor. The IRP allegedly failed to publish public announcements in required newspapers within the stipulated time and uploaded an incomplete Information Memorandum (IM) on the Corporate Debtor's website. The Petitioner filed a complaint with the IBBI (Respondent No.1) regarding these irregularities. The IBBI initially found merit in the allegations but later closed the complaint, concluding that no further action was necessary. The

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## Issues and analysis

### Issue 1: Whether the IBBI's decision-making process in handling the petitioner's complaint against the IRP …

**Ratio:** The High Court's power of judicial review under Article 226 of the Constitution is

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**Reasoning:** The court found that the IBBI, as an expert body, had considered the petitioner's

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**Interpretation:** The court interpreted Article 226 and relevant case law to mean that judicial

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**Application:** The court applied the principles of judicial review to the IBBI's

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## Parties

- **Judges:** Subramonium…
- **Appellants:** ABBA CONSULTANTS…
- **Respondents:** Sandhya Prakash…; Insolvency and…
- **Other parties:** Kohi…

## Timeline

- **2017-09-14 — Appointment of Interim…**: Respondent No.2 was appointed as an…
- **2017-09-19 — Public Annou…**: Public announcement was…

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