SUBRAMONIUM PRASAD
Abba Consultants Private Limited – Appellant
Versus
Insolvency And Bankruptcy Board of India – Respondent
JUDGMENT
Subramonium Prasad, J. - The Petitioner has approached this Court seeking a writ of mandamus directing the Respondent No.1 herein (hereinafter referred to as 'the Board') to take action against Respondent No.3 (now Respondent No.2) for misconduct in his performance as an Insolvency Resolution Professional in the matter of M/s Sandhya Prakash Limited (hereinafter referred to as the Corporate Debtor). The Petitioner has also prayed for an appropriate writ/order/direction restraining Respondent No.3 (now Respondent No.2) from functioning as a Liquidator of the Corporate Debtor during the pendency of this Writ Petition.
2. It is pertinent to mention here that though initially Union of India was arrayed as Respondent No.2 and the Resolution Professional, against whom the present proceedings have been initiated, was arrayed as Respondent No.3, later on Union of India was dropped from the array of parties and the Resolution Professional has now been arrayed as Respondent No.2.
3. The facts, in brief, leading to the present Writ Petition are as under:
a. It is stated that the National Company Law Tribunal (hereinafter referred to as the NCLT) at Ahmadabad initiated Corporate Insolvenc
Mansukhlal Vithaldas Chauhan v. State of Gujarat
Tata Cellular v. Union of India
Indian Rly. Construction Co. Ltd. v. Ajay Kumar
Union of India v. G. Ganayutham
State of NCT of Delhi v. Sanjeev
U.P. Financial Corpn. v. Gem Cap (India) (P) Ltd.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.