# In the matter of V.Venkata Sivakumar vs. Insolvency and Bankruptcy Board of India

> HC judgment dated 2024-02-20. Citation: TCN-2024-HC-00125. This is a review application filed seeking review of a common order dated 22.01.2024 made in…

- **Court:** HC
- **Order date:** 20 Feb 2024
- **Citation:** TCN-2024-HC-00125
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/high-courts-new-delhi/vvenkata-sivakumar-vs-insolvency-and-bankruptcy-board-of-india-db0ee43d

## Summary

### Background

This is a review application filed seeking review of a common order dated 22.01.2024 made in W.P.Nos. 16650 of 2020 and 14448 of 2021. The original writ petitions challenged the provisions of Chapter III of the Insolvency and Bankruptcy Code, 2016, particularly Section 204, and Regulation 23A of the Insolvency and Bankruptcy Board of India (Model Bye-Laws and Governing Board of Insolvency Professional Agencies) Regulations, 2016, as ultra vires the Constitution.

## Facts

V. Venkata Sivakumar filed a review application against the order dated 22.01.2024, which dismissed W.P.Nos. 16650 of 2020 and 14448 of 2021. In W.P.No.16650 of 2020, the petitioner challenged the provisions of Chapter III of the Insolvency and Bankruptcy Code, 2016, particularly Section 204 (a) (b) (c) (d) and (e), as ultra vires the Constitution, arguing that they violated Articles 14, 19 (1) (g), and 21. In W.P.No.14448 of 2021, the petitioner challenged Regulation 23A of the Insolvency and Bankruptcy Board of India (Model Bye-Laws and Governing Board of Insolvency Professional Agencies) Regulations, 2016, as ultra vires the Constitution. The petitioner argued that the order under review suffered from errors, particularly regarding the impact of suspension on

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## Parties

- **Judges:** Sanjay V.Gangapurw…; D.BHARATHA…
- **Appellants:** V. Venkata…
- **Respondents:** Dr.MS.S…

## Timeline

- **2024-01-22 — Common Orde…**: Common order passed in W.P.Nos. 16650 of 2020 and 14448 of 2021, which was sought to be…
- **2024-02-13 — Orders Rese…**: Date on which the…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 204 — Functions of insolvency professional agencies](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-204)

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