# Anshul Gupta vs. Insolvency and Bankruptcy Board of India

> SC judgment dated 2026-09-21. Citation: TCN-2026-SC-00112. Anshul Gupta, an insolvency professional, faced suspension/cancellation proceedings initiated by…

- **Court:** SC
- **Order date:** 21 Sept 2026
- **Citation:** TCN-2026-SC-00112
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/anshul-gupta-vs-insolvency-and-bankruptcy-board-of-indi-7xbh2

## Summary

### Background

Anshul Gupta, an insolvency professional, faced suspension/cancellation proceedings initiated by the Insolvency and Bankruptcy Board of India (IBBI). The IBBI issued a notice under Section 219 of the IBC directly, without a prior investigation report as mandated by Section 218. The appellant challenged this procedure, arguing that an investigation report is a prerequisite for exercising the power to suspend or cancel registration under Section 220(2) of the IBC. This contention was raised before the NCLAT but was overlooked.

## Facts

Anshul Gupta, an insolvency professional, is facing proceedings for suspension or cancellation of registration.

The Insolvency and Bankruptcy Board of India (IBBI) initiated these proceedings.

The IBBI did not appoint an investigating authority to submit a report as required by Section 218 of the IBC.

Instead, the IBBI directly issued a notice under Section 219 of the IBC to Anshul Gupta.

Anshul Gupta responded to the notice issued under Section 219.

Anshul Gupta contended that the power to suspend or cancel registration under Section 220(2) of the IBC could not be exercised without a prior investigation report.

This contention was raised before the National Company Law Appellate Tribunal (NCLAT) but was overlooked when rejecting an interim protection application.

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## Issues and analysis

### Issue 1: Whether the power to suspend or cancel the registration of an insolvency professional under Section …

**Ratio:** The appellant contends that the statutory scheme under the IBC requires an investigation

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**Reasoning:** The appellant argues that the Board's direct issuance of a notice under Section 219,

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**Interpretation:** Sections 218, 219, and 220 of the IBC outline a sequential process for

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**Application:** In the present case, the Board allegedly failed to adhere to the procedural

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## Parties

- **Judges:** Manoj M…; VIJAY BI…
- **Appellants:** Anshul…
- **Respondents:** Insolvency and…
- **Advocates:** Neeraj Kish…; Milan Sing…; +7 more

## Timeline

- **2026-06-16 — Suspension Ord…**: An order for suspension was issued against the appellant by the Insolvency and Bankruptcy…
- **2026-07-17 — NCLAT Inter…**: The National Company Law Appellate Tribunal (NCLAT) stayed the effect and operation of…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 218 — Investigation of insolvency professional agency…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-218)

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