# In the matter of Kairav Anil Trivedi Vs. Union of India and Ors. (WP (L) No. 16317 of 2023)

> HC judgment dated 2023-06-20. Citation: TCN-2023-HC-00058. The Writ Petition challenges an order dated 2023-05-23 passed by the Disciplinary Committee…

- **Court:** HC
- **Order date:** 20 Jun 2023
- **Citation:** TCN-2023-HC-00058
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/high-courts-new-delhi/kairav-anil-trivedi-vs-union-of-india-and-ors-d8c538bc

## Summary

### Background

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.

## Facts

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.

## Issues and analysis

### Issue 1: Whether the impugned order passed by the Chairperson of IBBI, who is not a Whole Time Member, is …

**Ratio:** The Disciplinary Committee under Section 220 of the IBC, 2016, must consist of Whole Time

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**Reasoning:** The court, after perusing Section 220 of the IBC, 2016, and the definition of

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**Interpretation:** Section 220(1) of the IBC, 2016, is interpreted to mean that the members of the

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**Application:** The court applied this interpretation to the fact that the impugned order was

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## Parties

- **Judges:** B. P. COLAB…; M.M. SA…
- **Appellants:** Kairav Anil…
- **Respondents:** Union of…
- **Other parties:** Kohi…

## Timeline

- **2023-03-21 — Show Cause Not…**: Show Cause Notice dated…
- **2023-05-23 — Impugned Ord…**: The Disciplinary Committee of the IBBI…

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