# In the matter of Sumat Kumar Gupta Vs. Insolvency and Bankruptcy Board of India and Another CWP-11311-2022

> HC judgment dated 2022-05-25. Citation: TCN-2022-HC-00042. The petitioner is questioning an order dated 06.05.2022 passed by the Disciplinary Committee of…

- **Court:** HC
- **Order date:** 25 May 2022
- **Citation:** TCN-2022-HC-00042
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/high-courts-new-delhi/sumat-kumar-gupta-vs-insolvency-and-bankruptcy-board-of-india-and-another-cwp-11-ed58e35c

## Summary

### Background

The petitioner is questioning an order dated 06.05.2022 passed by the Disciplinary Committee of respondent No.1 (Respondent No.2) under Section 220 of the Insolvency and Bankruptcy Code, 2016, read with Regulation 13 of the Insolvency and Bankruptcy Board of India (Inspection and Investigation) Regulation, 2017. The petitioner's registration as an Insolvency Professional has been suspended for one year.

## Facts

The petitioner, Sumat Kumar Gupta, is an Insolvency Professional whose registration was suspended for one year by the Disciplinary Committee of the Insolvency and Bankruptcy Board of India (IBBI). The order was passed on 06.05.2022. The petitioner contends that Sh. Ravi Mittal, the Chairperson of IBBI who passed the order, was associated with Punjab National Bank (PNB), which had lodged the complaint against the petitioner. This association was allegedly not disclosed to the petitioner before the order was passed. The petitioner argues that this constitutes a bias and violates principles of natural justice. The respondent argues that the issue of bias was not raised during the hearing and that no prejudice was caused.

## Issues and analysis

### Issue 1: Whether the order passed by the Disciplinary Committee of IBBI is liable to be suspended due to the …

**Ratio:** A decision-maker must be impartial and unbiased. Any association that creates a

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**Reasoning:** The court reasoned that the association of Sh. Ravi Mittal with Punjab National Bank, the

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**Interpretation:** The principle of natural justice requires that a decision-maker must be free

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**Application:** The court applied the principle of natural justice to the facts of the case,

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## Parties

- **Judges:** M.S.Ramachandra…; JASJIT SING…
- **Appellants:** Sumat Kumar…
- **Respondents:** Insolvency and…

## Timeline

- **2022-05-06 — Order by Disciplinary…**: The Disciplinary Committee of respondent No.1 (Respondent No.2) passed an order…
- **2022-05-25 — Court He…**: The court heard the petitioner's challenge to the order and ordered an interim suspension…

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