# In the matter of Ananda Rao Korada vs. Insolvency and Bankruptcy Board of India

> HC judgment dated 2023-08-21. Citation: TCN-2023-HC-00041. The writ petition challenges the cancellation of the petitioner's registration as a Resolution…

- **Court:** HC
- **Order date:** 21 Aug 2023
- **Citation:** TCN-2023-HC-00041
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/high-courts-new-delhi/ananda-rao-korada-vs-insolvency-and-bankruptcy-board-of-india-07bbeb2c

## Summary

### Background

The writ petition challenges the cancellation of the petitioner's registration as a Resolution Professional (RP) by the Insolvency and Bankruptcy Board of India (IBBI). The respondent raised a question of maintainability of the writ petition, arguing that the Calcutta High Court lacks territorial jurisdiction. The petitioner contends that the cancellation affects his ability to function as an RP throughout India, including within the jurisdiction of the Calcutta High Court, where he is registered.

## Facts

Ananda Rao Korada filed a writ petition challenging the cancellation of his registration as a Resolution Professional (RP) by the Insolvency and Bankruptcy Board of India (IBBI). The petitioner is registered in Kolkata. The decision to cancel the registration was taken by the respondent in New Delhi. The petitioner argues that the cancellation affects his ability to function as an RP throughout India, including within the jurisdiction of the Calcutta High Court. The respondent contends that the Calcutta High Court lacks territorial jurisdiction because the decision to cancel the registration was made in New Delhi. The petitioner received the cancellation order in Kolkata. The petitioner has been acting as a resolution professional in Odisha. The petitioner relies on

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## Issues and analysis

### Issue 1: Whether the Calcutta High Court has territorial jurisdiction to entertain the writ petition …

**Ratio:** The principle of territorial jurisdiction under Article 226(2) of the Constitution

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**Reasoning:** The court reasoned that the cancellation of the petitioner's registration, which was

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**Interpretation:** Article 226(2) of the Constitution confers jurisdiction on any High Court

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**Application:** The court applied the principle to the facts by finding that the petitioner's

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## Parties

- **Judges:** SABYASACHI…
- **Appellants:** Ananda Rao…
- **Respondents:** Insolvency and…
- **Other parties:** Kohi…
- **Advocates:** Chayan…; Shoham S…; +4 more

## Timeline

- **2023-08-21 — Order Da…**: Order passed regarding…
- **2023-09-25 — Next Hearin…**: The matter is listed for…

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