The Writ Petition challenges an order dated 2023-05-23 passed by the Disciplinary Committee constituted by the Insolvency and Bankruptcy Board of India (IBBI) under Section 220 of the Insolvency and Bankruptcy Code, 2016 (IBC). The petitioner argues that the impugned order was passed without jurisdiction.
The key facts are as follows: Kairav Anil Trivedi filed a Writ Petition challenging an order passed by the Disciplinary Committee of the IBBI. The order was dated 2023-05-23. The petitioner argues that the order was passed without jurisdiction because it was passed by the Chairperson of IBBI, who is not a Whole Time Member, while Section 220 of the IBC requires the Disciplinary Committee to consist of Whole Time Members. The petitioner also referred to a Show Cause Notice dated 2023-03-21. The court granted ad-interim relief, staying the implementation of the impugned order and the Show Cause Notice.
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The Writ Petition challenges an order dated 2023-05-23 passed by the Disciplinary Committee constituted by the Insolvency and Bankruptcy Board of India (IBBI) under Section 220 of the Insolvency and Bankruptcy Code, 2016 (IBC). The petitioner argues that the impugned order was passed without jurisdiction.
The key facts are as follows: Kairav Anil Trivedi filed a Writ Petition challenging an order passed by the Disciplinary Committee of the IBBI. The order was dated 2023-05-23. The petitioner argues that the order was passed without jurisdiction because it was passed by the Chairperson of IBBI, who is not a Whole Time Member, while Section 220 of the IBC requires the Disciplinary Committee to consist of Whole Time Members. The petitioner also referred to a Show Cause Notice dated 2023-03-21. The court granted ad-interim relief, staying the implementation of the impugned order and the Show Cause Notice.
Show Cause Noti…
The Disciplinary…
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