# In the matter of Renu Anand & Ors. vs. Insolvency and Bankruptcy Board of India & Anr.

> HC judgment dated 2023-08-17. Citation: TCN-2023-HC-00042. The Petitioners approached the High Court of Delhi seeking a writ of mandamus or similar direction…

- **Court:** HC
- **Order date:** 17 Aug 2023
- **Citation:** TCN-2023-HC-00042
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/high-courts-new-delhi/renu-anand-ors-vs-insolvency-and-bankruptcy-board-of-india-anr-ee4908f8

## Summary

### Background

The Petitioners approached the High Court of Delhi seeking a writ of mandamus or similar direction to initiate disciplinary proceedings against respondent no. 2 by respondent no. 1, the Insolvency and Bankruptcy Board of India (IBBI). They also sought a copy of the show cause notice issued to respondent no. 2 and permission to participate in the disciplinary proceedings. The petitioners stated that they had filed a complaint against the Interim Resolution Professional (IRP) on 2020-10-16, but were unaware of the outcome.

## Facts

The Petitioners filed a complaint against the Interim Resolution Professional (IRP) on 2020-10-16, but were unaware of the outcome. The complaint did not adhere to the format prescribed under the IBBI (Grievance and Complaint Handling Procedure) Regulations, 2017. The IBBI's counsel informed the court that the complaint had been disposed of by the Board. The Petitioners then approached the High Court of Delhi seeking a writ of mandamus to initiate disciplinary proceedings against respondent no. 2 and to obtain a copy of the show cause notice issued to respondent no. 2, and to participate in the disciplinary proceedings.

## Issues and analysis

### Issue 1: Whether a writ of mandamus should be issued to direct the IBBI to initiate disciplinary proceedings …

**Ratio:** A writ of mandamus can be issued to a public authority to perform a duty imposed on it by

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**Reasoning:** The court did not directly address whether a writ of mandamus should be issued. Instead,

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**Interpretation:** The court interpreted the legal framework to mean that the IBBI has a duty to

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**Application:** The court directed the IBBI to consider a fresh complaint filed in the

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## Parties

- **Judges:** Subramonium…
- **Appellants:** RENU A…
- **Respondents:** Insolvency and…

## Timeline

- **2020-10-16 — Complaint…**: Petitioners filed a complaint against the…
- **2023-08-17 — Court Or…**: The High Court directed the Petitioners to file a fresh complaint in the prescribed…

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