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2020 Supreme(Mad) 2203

AMRESHWAR PRATAP SAHI, SENTHILKUMAR RAMAMOORTHY
Venkata Siva Kumar – Appellant
Versus
Insolvency and Bankruptcy Board of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Party-in-Person
For the Respondent: R. Sankaranarayanan, Additional Solicitor General of India assisted by K. Jaiganesh

ORDER :

Senthilkumar Ramamoorthy, J.

1. The Petitioner is a chartered accountant and has registered himself as an insolvency professional (IP) with the Insolvency and Bankruptcy Board of India (the IBBI). The Insolvency and Bankruptcy Board of India (Insolvency Professionals) Regulations, 2016 (the IP Regulations), were framed by the IBBI under Sections 196, 207 and 208 read with Section 240 of the Insolvency and Bankruptcy Code, 2016 (the IBC). Regulation 7 of the IP Regulations provides that the registration of the IP with the IBBI is subject to the conditions stipulated therein. Regulation 7(2)(ca) thereof stipulates the requirement that the IP should pay a fee calculated at 0.25% of the professional fee earned for services rendered as an IP in the preceding financial year to the IBBI. Regulation 12 of the IP Regulations provides for the recognition of a company, registered partnership firm or a limited liability partnership as an insolvency professional entity (IPE) subject to the conditions set out therein. Regulation 13(2)(ca) stipulates payment of a fee at 0.25% of the turnover of the IPE in the preceding financial year to the IBBI. Both Regulation 7(2)(ca) and 13(2)(ca) are u

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