# In the matter of Kapil Goel Vs. Insolvency and Bankruptcy Board of India & Anr. W.P.(C) 10663/2018 & CM APPL. 41566/2018

> HC judgment dated 2022-11-28. Citation: TCN-2022-HC-00014. The writ petition was filed to challenge an order by the Disciplinary Committee of the Insolvency…

- **Court:** HC
- **Order date:** 28 Nov 2022
- **Citation:** TCN-2022-HC-00014
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/high-courts-new-delhi/kapil-goel-vs-insolvency-and-bankruptcy-board-of-india-anr-wp-29a3a0fb

## Summary

### Background

The writ petition was filed to challenge an order by the Disciplinary Committee of the Insolvency and Bankruptcy Board of India (IBBI) against the Petitioner, Mr. Kapil Goel, a Resolution Professional (RP). The IBBI's order was based on the RP incorporating a partnership firm with the name 'IBBI Insolvency Practitioners LLP', which the IBBI considered misleading as 'IBBI' is the name of the Board constituted under Section 3 of the Insolvency and Bankruptcy Code, 2016. A show cause notice was issued to the RP, and after a hearing, the Disciplinary Committee directed the removal of the firm's name from the Ministry of Corporate Affairs' records and suspended the RP's registration for three months.

## Facts

Mr. Kapil Goel, a Resolution Professional (RP), incorporated a partnership firm named 'IBBI Insolvency Practitioners LLP' on November 8, 2017. The Insolvency and Bankruptcy Board of India (IBBI) considered the use of 'IBBI' in the firm's name to be misleading, as 'IBBI' is the name of the Board constituted under Section 3 of the Insolvency and Bankruptcy Code, 2016. A show cause notice was issued to Mr. Goel on March 23, 2018, under the IBBI (Insolvency Professionals) Regulations, 2016. The Disciplinary Committee of the IBBI, after a hearing, directed the removal of the firm's name from the Company/LLP Master Data of the Ministry of Corporate Affairs and suspended Mr. Goel's registration as an insolvency professional for three months, effective 30 days after the

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## Issues and analysis

### Issue 1: Whether the Disciplinary Committee's order against the Petitioner, Mr. Kapil Goel, should be …

**Ratio:** The court should not interfere with the decisions of regulatory bodies like the IBBI's

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**Reasoning:** The court reasoned that the order had already been given effect to by the MCA, the

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**Interpretation:** This implies a deference to the expertise and judgment of regulatory bodies in

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**Application:** The court applied this principle by refusing to interfere with the Disciplinary

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## Parties

- **Judges:** PRATHIBA M.…
- **Appellants:** KAPIL…
- **Respondents:** Insolvency and…

## Timeline

- **2017-11-08 — Firm Incorp…**: Mr. Kapil Goel incorporated a partnership firm…
- **2018-03-23 — Show Cause…**: A show cause notice was issued…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 3 — Definitions](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-3)

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