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2023 Supreme(Del) 5660

SUBRAMONIUM PRASAD
Abba Consultants Private Limited – Appellant
Versus
Insolvency And Bankruptcy Board of India – Respondent


Advocates appeared:
Mr. Shubham Gupta, Advocate and Mr. Mahesh Kumar, Advocate, for the Appellant; Mr. Jagjit Singh, Advocate, Mr. Preet Singh, Advocate and Ms. Kalyani Arora, Advocate for R-1, Mr. Abhishek Anand, Advocate, Ms. Mohak Sharma, Advocate, Mr. Sahil Chopra, Advocate for Respondent No.3

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

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