# Rohit J. Vora vs. Insolvency and Bankruptcy Board of India

> HC judgment dated 2024-09-04. Citation: TCN-2024-HC-00036. The writ petition challenges an order dated July 3, 2023, passed by the Disciplinary Committee of…

- **Court:** HC
- **Order date:** 4 Sept 2024
- **Citation:** TCN-2024-HC-00036
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/high-courts-new-delhi/rohit-j-vora-vs-insolvency-and-bankruptcy-board-of-india-101bb831

## Summary

### Background

The writ petition challenges an order dated July 3, 2023, passed by the Disciplinary Committee of the Insolvency and Bankruptcy Board of India (IBBI). The petitioner, an Insolvency Professional (IP), was issued a show cause notice under Section 219 of the Insolvency and Bankruptcy Code, 2016, following an investigation report by the IBBI. The show cause notice indicated potential cancellation of the petitioner's registration. The petitioner responded, and the Disciplinary Committee, comprising a single whole-time member, adjudicated the matter on July 3, 2023, suspending the petitioner's registration for one year.

## Facts

Rohit J. Vora, an Insolvency Professional (IP), received a show cause notice from the Insolvency and Bankruptcy Board of India (IBBI) based on an investigation report. The show cause notice, issued under Section 219 of the Insolvency and Bankruptcy Code, 2016, threatened cancellation of Vora's registration. The Disciplinary Committee of the IBBI, consisting of a single whole-time member, adjudicated the matter and suspended Vora's registration for one year. Vora challenged this order, arguing that the Disciplinary Committee should have consisted of more than one member, citing the proviso to Section 220(1) of the Code, which uses the term 'members'. The IBBI argued that 'members' includes a single member and that the Regulations of 2017 permit a single-member

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## Issues and analysis

### Issue 1: Whether a Disciplinary Committee constituted under Section 220 of the Insolvency and Bankruptcy …

**Ratio:** The proviso to Section 220(1) of the Code specifies the eligibility of members but does

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**Reasoning:** The court reasoned that the object of the proviso to Section 220(1) is to define the

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**Interpretation:** The term 'members' in the proviso to Section 220(1) of the Insolvency and

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**Application:** In this case, the Disciplinary Committee consisting of a single whole-time

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## Parties

- **Judges:** ATUL S. CHA…; Rajesh S.…
- **Appellants:** Rohit J.…
- **Respondents:** Insolvency and…
- **Other parties:** 7th Edition…; Disciplinary…; +2 more

## Timeline

- **2023-07-03 — Order Da…**: Order passed by the Disciplinary Committee consisting of a whole-time member of the…
- **2023-04-20 — Gujarat High Court…**: Interim order passed by the Gujarat High Court in (IBBI) (Special Civil Application…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 220 — Appointment of disciplinary committee](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-220)

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