# In the matter of Bhupendra Singh Rajput Singhh S/o Narayan Singh Rajput vs. Insolvency and Bankruptcy Board of India (IBBI) R/SPECIAL CIVIL APPLICATION NO. 6988 of 2023

> HC judgment dated 2023-04-20. Citation: TCN-2023-HC-00062. The writ-applicant challenged an order passed by the respondent Board dated 23.3.2023 vide…

- **Court:** HC
- **Order date:** 20 Apr 2023
- **Citation:** TCN-2023-HC-00062
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/high-courts-new-delhi/bhupendra-singh-rajput-singhh-so-narayan-singh-rajput-vs-insolvency-and-bankrupt-af28dfcb

## Summary

### Background

The writ-applicant challenged an order passed by the respondent Board dated 23.3.2023 vide No.IBBI/DC/156/2023 (Annexure-A). The applicant argued that the impugned order was signed by only one member, violating Section 220(1) of the Insolvency and Bankruptcy Code, 2016, which stipulates that the Disciplinary Committee should consist of "whole time members".

## Facts

The writ-applicant filed a writ application challenging an order passed by the respondent Board (IBBI) on 23.3.2023. The applicant contended that the impugned order was signed by only one member, which is against the provisions of Section 220(1) of the Insolvency and Bankruptcy Code, 2016. The applicant argued that the Disciplinary Committee should consist of "whole time members". The court also considered an order passed in Special Civil Application No.13767 of 2022 dated 20.7.2022.

## Issues and analysis

### Issue 1: Whether the order passed by the respondent Board dated 23.3.2023, signed by only one member, is in …

**Ratio:** The legal principle is that statutory provisions, such as Section 220(1) of the

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**Reasoning:** The court reasoned that the applicant's argument, that the order was signed by only one

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**Interpretation:** Section 220(1) of the Insolvency and Bankruptcy Code, 2016, is interpreted to

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**Application:** The ratio and reasoning were applied to the specific facts by considering

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## Parties

- **Judges:** VAIBHAVI D.…
- **Appellants:** Bhupendra Singh…
- **Respondents:** Insolvency and…
- **Other parties:** Kohi…

## Timeline

- **2023-03-23 — Order by Respondent…**: The respondent Board passed an order, vide No.IBBI/DC/156/2023 (Annexure-A), which was…
- **2022-07-20 — Order in Special Civil…**: An order was passed in Special Civil Application No.13767 of 2022, which the court…

## 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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