# Anil Goel Vs. IBBI & Anr.

> HC judgment dated 2024-06-12. Citation: TCN-2024-HC-00072. Anil Goel, an Insolvency Professional, filed a petition in the High Court of Delhi challenging an…

- **Court:** HC
- **Order date:** 12 Jun 2024
- **Citation:** TCN-2024-HC-00072
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/high-courts-new-delhi/anil-goel-vs-ibbi-anr-0f6a3b41

## Summary

### Background

Anil Goel, an Insolvency Professional, filed a petition in the High Court of Delhi challenging an order dated 2024-05-16 issued by the Disciplinary Committee of the Insolvency and Bankruptcy Board of India (IBBI). The IBBI order suspended Goel's registration for one year, effective from 2024-06-15. The petition also seeks a restraint against the IBBI from taking any coercive action against Goel based on the impugned order. Alternatively, Goel seeks a declaration that the one-year suspension is already satisfied.

## Facts

Anil Goel, an Insolvency Professional, is the petitioner in this case. The Disciplinary Committee of the Insolvency and Bankruptcy Board of India (IBBI) issued an order dated 2024-05-16 suspending Goel's registration for one year, effective from 2024-06-15. Goel challenges this order, arguing that the Disciplinary Committee was improperly constituted with a single member, violating Section 220(1) of the IBC. He also claims that the proceedings exceeded the statutory period of 34 days as per Rule 13 of the IBBI (Inspection and Investigation) Regulations, 2017. Goel has been unable to take on new assignments since 2023-05-03 due to the suspension of his AFA. The respondent argues that the delay was not solely attributable to them and that the composition rule is not

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## Issues and analysis

### Issue 1: Whether the Disciplinary Committee was properly constituted in accordance with Section 220(1) of …

**Ratio:** Section 220(1) of the IBC mandates that the Board shall constitute a disciplinary

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**Reasoning:** The petitioner argues that the Disciplinary Committee comprised a single member, which is

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**Interpretation:** Section 220(1) of the IBC requires that the Disciplinary Committee must be

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**Application:** The court needs to determine whether the Disciplinary Committee's composition

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## Parties

- **Judges:** Amit Sh…
- **Appellants:** Anil…
- **Respondents:** Insolvency and…
- **Other parties:** Kohi…
- **Advocates:** Neeraj Ma…; Anirudh W…; +9 more

## Timeline

- **2023-05-03 — Suspension…**: The petitioner's AFA was suspended,…
- **2024-05-16 — Impugned…**: The Disciplinary Committee of IBBI issued an order suspending the petitioner's…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 220(1) — Appointment of disciplinary committee](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-220)

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