# In the matter of Pramod Kumar Sharma vs. Insolvency And Bankruptcy Board Of India And 2 Others

> HC judgment dated 2024-10-16. Citation: TCN-2024-HC-00020. The writ petition challenges an order dated September 20, 2024, which suspended the petitioner's…

- **Court:** HC
- **Order date:** 16 Oct 2024
- **Citation:** TCN-2024-HC-00020
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/high-courts-new-delhi/pramod-kumar-sharma-vs-insolvency-and-bankruptcy-board-of-india-and-2-others-6f02a8a1

## Summary

### Background

The writ petition challenges an order dated September 20, 2024, which suspended the petitioner's registration as a Resolution Professional under the Insolvency and Bankruptcy Code, 2016, for three years. The petitioner argues that the complaint leading to the suspension was filed after the limitation period and that the impugned order failed to adequately address the issue of delay. The petitioner also contends that the suspension order affects his right to carry out his profession, as protected by Article 19(1) of the Constitution of India.

## Facts

Pramod Kumar Sharma, the petitioner, filed a writ petition challenging an order that suspended his registration as a Resolution Professional under the Insolvency and Bankruptcy Code (IBC) for three years. The order was issued on September 20, 2024. The petitioner argues that the complaint leading to the suspension was filed after the 45-day limitation period, and the impugned order failed to properly address this delay. The petitioner also claims the suspension infringes on his right to practice his profession under Article 19(1) of the Constitution of India. The court noted the complaint did not explain the delay in filing, which is critical because regulations allow a maximum of 75 days for filing. The court also observed that the impugned order did not address the

…

## Issues and analysis

### Issue 1: Whether the complaint leading to the suspension of the petitioner's registration as a Resolution …

**Ratio:** The principle of limitation dictates that legal actions must be initiated within a

…

**Reasoning:** The court observed that the complaint itself indicated it was filed after the limitation

…

**Interpretation:** The limitation period for filing a complaint under the IBC is a critical aspect

…

**Application:** In this case, the court applied the principle of limitation by examining

…

## Parties

- **Judges:** Shekhar B.…; Vipin Chandra…
- **Appellants:** Pramod Kumar…
- **Respondents:** Insolvency and…

## Timeline

- **2024-09-20 — Order of Sus…**: An order was issued suspending the petitioner's registration as a Resolution Professional…
- **2024-10-16 — Order Da…**: Date of the…

---

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/pramod-kumar-sharma-vs-insolvency-and-bankruptcy-board-of-india-and-2-others-6f02a8a1