# In the matter of Kunwer Sachdev vs. Insolvency and Bankruptcy Board of India

> HC judgment dated 2024-07-24. Citation: TCN-2024-HC-00057. The petitioner, Mr. Kunwer Sachdev, initiated contempt proceedings against the respondent,…

- **Court:** HC
- **Order date:** 24 Jul 2024
- **Citation:** TCN-2024-HC-00057
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/high-courts-new-delhi/kunwer-sachdev-vs-insolvency-and-bankruptcy-board-of-india-046a973b

## Summary

### Background

The petitioner, Mr. Kunwer Sachdev, initiated contempt proceedings against the respondent, Insolvency and Bankruptcy Board of India (IBBI), alleging wilful disobedience of court directions issued on 2024-02-12 in W.P.(C) No. 10599/2023. The court had directed IBBI to frame/finalize a code of conduct/guidelines for the Committee of Creditors (CoC) within three months.

## Facts

Mr. Kunwer Sachdev filed a contempt case against the Insolvency and Bankruptcy Board of India (IBBI). The basis for the contempt case is the alleged wilful disobedience of the IBBI to a prior court order dated 2024-02-12, issued in W.P.(C) No. 10599/2023. The prior order directed the IBBI to frame/finalize the code of conduct/guidelines for the Committee of Creditors (CoC) within three months. As of the current proceedings, no action has been taken by the IBBI to comply with the order. Mr. Abhinav Singh, counsel for the IBBI, requested time to seek instructions. The court directed that copies of the contempt petition be provided to the IBBI and allowed the IBBI to file an affidavit within four weeks. The case was re-notified for 2024-09-25.

## Issues and analysis

### Issue 1: Whether the Insolvency and Bankruptcy Board of India (IBBI) is in contempt of court for allegedly …

**Ratio:** Contempt of court arises when there is wilful disobedience of a court order. To establish

…

**Reasoning:** The court notes the petitioner's allegation that the IBBI has not complied with the order

…

**Interpretation:** The legal issue revolves around the interpretation of the court's previous

…

**Application:** The court will need to assess whether the IBBI was aware of the order, had the

…

## Parties

- **Judges:** DHARMESH…
- **Appellants:** MR KUNWER S…
- **Respondents:** Insolvency and…
- **Advocates:** Annirudh…; Apoorv Ag…; +4 more

## Timeline

- **2024-02-12 — Original Cour…**: Court directed IBBI to frame/finalize code of conduct/guidelines for the Committee of…
- **2024-07-24 — Contempt Proceedings…**: Mr. Kunwer Sachdev initiated contempt proceedings against IBBI for alleged wilful…

---

This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/high-courts-new-delhi/kunwer-sachdev-vs-insolvency-and-bankruptcy-board-of-india-046a973b