# In the matter of Vinay Mahendru vs. IBBI & Anr.

> HC judgment dated 2023-07-14. Citation: TCN-2023-HC-00051. The writ petition was filed by the petitioner seeking a direction to Respondent No. 1 to adjudicate…

- **Court:** HC
- **Order date:** 14 Jul 2023
- **Citation:** TCN-2023-HC-00051
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/high-courts-new-delhi/vinay-mahendru-vs-ibbi-anr-c0ad0c9d

## Summary

### Background

The writ petition was filed by the petitioner seeking a direction to Respondent No. 1 to adjudicate the complaint filed by the petitioner against the Resolution Professional (RP). The petitioner contends that the complaint was received by Respondent No. 1 on January 19, 2023, and as per Regulation 7 of the Insolvency and Bankruptcy Board of India (Grievances and Complaint Handling Procedure) Regulation, 2017, the complaint should have been disposed of within 30 days. The petitioner claims that more than 180 days have passed without any resolution or explanation for the delay.

## Facts

The petitioner, Vinay Mahendru, filed a writ petition in the High Court of Delhi seeking a direction to Respondent No. 1 (Insolvency and Bankruptcy Board of India & Anr.) to adjudicate a complaint against a Resolution Professional (RP). The complaint was filed by the petitioner. The complaint was received by the respondent on January 19, 2023. The petitioner argued that Regulation 7 of the IBBI (Grievances and Complaint Handling Procedure) Regulation, 2017, mandates the disposal of such complaints within 30 days. More than 180 days had passed without any resolution or explanation for the delay. The court considered the delay and directed the respondents to dispose of the complaint within 30 days.

## Issues and analysis

### Issue 1: Whether the Respondent No. 1 is obligated to adjudicate the complaint filed by the Petitioner …

**Ratio:** Regulation 7 of the Insolvency and Bankruptcy Board of India (Grievances and Complaint

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**Reasoning:** The court considered the petitioner's argument that the complaint was received by the

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**Interpretation:** Regulation 7 mandates a 30-day period for the disposal of complaints related to

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**Application:** The court applied Regulation 7 to the facts of the case, noting that the

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## Parties

- **Judges:** Subramonium…
- **Appellants:** VINAY MAH…
- **Respondents:** INSOLVENCY AND…
- **Other parties:** Kohi…
- **Advocates:** Prashant…; Sain…; +3 more

## Timeline

- **2023-01-19 — Complaint R…**: Respondent No. 1 received the…
- **2023-07-14 — Court Or…**: The court directed the respondents to…

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