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2024 Supreme(Mad) 37

SANJAY V. GANGAPURWALA, D. BHARATHA CHAKRAVARTHY
CA V. Venkata Sivakumar – Appellant
Versus
Insolvency and Bankruptcy Board of India(IBBI) Represented by Deputy General Manager, 7th Floor, Mayur Bhawan, Shankar Market Connaught Circus, New Delhi – Respondent


Advocates appeared:
For the Petitioner:CA. V. Venkata Sivakumar, P-in-P. For the Respondents: Sankaranarayanan, ASGI Assisted by C.V. Ramachandramurthy, Rajesh Vivekanandan, Dy. SG, K.Subburanga Bharathi, M. Sathyan, ACGSC, No appearance.

JUDGMENT

(Prayer in W.P.No.16650 of 2020 : Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Declaration that the provisions of Chapter III of the Insolvency and Bankruptcy Code, 2016, more particularly, Section 204 (a) (b) (c) (d) and (e) of the Act, as ultra vires, the provisions of Article 14, 19 (1) (g) and 21 of the Constitution, manifestly arbitrary, substantively unreasonable, excessive legislation and repugnant to the objectives of Insolvency and Bankruptcy Code, 2016.

In W.P.No.14448 of 2021 : Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Declaration that the impugned Regulation 23A of the Insolvency and Bankruptcy Board of India (Model Bye-Laws and Governing Board of Insolvency Professional Agencies) Regulations, 2016, which was subsequently amended by the 2nd respondent vide Notification No.IBBI/2016-17/GN/REG0001 dated 23.07.2019 as ultra vires the Constitution and consequentially direct the 1st and 2nd respondents to pay the compensation for the financial loss and mental agony suffered by the petitioner which may be paid to Tamil Nadu “Chief Minister's Public Relie

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