# In the matter of Rakesh Kumar Gupta vs. Insolvency and Bankruptcy Board of India & Anr.

> HC judgment dated 2025-01-16. Citation: TCN-2025-HC-00053. The case originates from a writ petition (W.P.(C) 11483/2024) filed in the High Court of Delhi. The…

- **Court:** HC
- **Order date:** 16 Jan 2025
- **Citation:** TCN-2025-HC-00053
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/high-courts-new-delhi/rakesh-kumar-gupta-vs-insolvency-and-bankruptcy-board-of-india-anr-5f559839

## Summary

### Background

The case originates from a writ petition (W.P.(C) 11483/2024) filed in the High Court of Delhi. The petitioner, Rakesh Kumar Gupta, has brought the case against the Insolvency and Bankruptcy Board of India (IBBI) and another party. An application (CM APPL.55011/2024) was filed by CBM Constructions LLP seeking to be impleaded as a respondent in the petition.

## Facts

Rakesh Kumar Gupta filed a writ petition (W.P.(C) 11483/2024) against the Insolvency and Bankruptcy Board of India (IBBI) and another party. CBM Constructions LLP filed an application (CM APPL.55011/2024) to be impleaded as respondent no.3 in the petition. The application for impleadment was not opposed by the counsel for the existing parties. The court allowed the impleadment application and directed the petitioner to file an amended memo of parties within three days. The court also directed respondent no.3 to file a reply within two weeks. The case was listed for further hearing on 2025-02-10.

## Issues and analysis

### Issue 1: Whether the application for impleadment of CBM Constructions LLP as respondent no.3 in the writ …

**Ratio:** An application for impleadment can be allowed if it is deemed necessary for the proper

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**Reasoning:** The court noted that the application for impleadment was not opposed by the respective

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**Interpretation:** The court interpreted the lack of opposition as an indication that the

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**Application:** Given that the application was unopposed, the court applied the principle that

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## Parties

- **Judges:** SACHIN…
- **Appellants:** Rakesh Kuma…
- **Respondents:** Insolvency and…

## Timeline

- **2024-01-01 — Writ Petitio…**: Writ Petition (C) 11483/2024…
- **2024-01-01 — Impleadment Application…**: CM APPL.55011/2024 filed by CBM Constructions…

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