IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11^TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO.14340 OF 2021 (GM-RES)

BETWEEN:

MR. RAVINDRA C.

S/O CHANDRAPRAKASH, AGED ABOUT 42 YEARS, S-73, KIRLOSKAR COLONY, 3^RD STAGE, BASAVESHWARANAGAR, BENGALURU - 560 079.

HAVING OFFICE AT: NO.361, FIRST FLOOR, 7^TH CROSS, JAYANAGAR 1^ST BLOCK, BENGALURU - 560 011.

…PETITIONER (BY SRI. I.S. DEVAIAH, ADVOCATE)

AND:

1. INDIAN INSTITUTE OF INSOLVENCY Digitally signed by PROFESSIONALS OF ICAI, ARUNKUMAR M S A COMPANY FORMED BY THE INSTITUTE OF Location: H IGH CHARTERED ACCOUNTANTS OF INDIA (ICAI), COURT OF KARNATAKA AS PER SECTION 8 OF THE COMPANIES ACT, 2013, AND HAVING ITS REGISTERED OFFICE AT:

ICAI BHAWAN, POST BOX NO.7100, INDRAPRASTHA MARG, NEW DELHI - 110 002.

REP. BY ITS SECRETARIAT.

ALSO AT:

ICAI BHAWAN, 8^TH FLOOR, HOSTEL BLOCK, A-29, SECTOR-62, NOIDA - 201 309.

2. MEMBERSHIP COMMITTEE OF THE INDIAN INSTITUTE OF INSOLVENCY PROFESSIONALS OF ICAI, HAVING ITS OFFICE AT: ICAI BHAWAN, POST BOX NO.7100, INDRAPRASTHA MARG, NEW DELHI - 110 002.

REP. BY ITS SECRETARIAT.

ALSO AT:

ICAI BHAWAN, 8^TH FLOOR, HOSTEL BLOCK, A-29, SECTOR-62 NOIDA - 201 309.

…RESPONDENTS (BY SRI. V.G. BHANUPRAKASH, ADVOCATE)

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 01.07.2021 PASSED BY THE RESPONDENT NO.2 IN THE APPEAL PROCEEDINGS VIDE ANNEXURE-Q; QUASH THE ORDER DATED 05.03.2021 PASSED BY THE RESPONDENT NO.1 REJECTING THE APPLICATION OF THE PETITIONER DATED 30.11.2020 FOR ENROLLMENT AS A PROFESSIONAL MEMBER OF THE RESPONDENT NO.1 VIDE ANNEXURE-C; DIRECT THE RESPONDENT NO.1 TO APPROVE THE APPLICATION OF THE PETITIONER DATED 30.11.2020 FOR ENROLLMENT AS A PROFESSIONAL MEMBER OF THE RESPONDENT NO.1 IN ACCORDANCE WITH LAW IN A TIME BOUND MANNER VIDE ANNEXURE-B; AND ETC.

THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL

ORAL ORDER

The petitioner is before this Court being dissatisfied with the order dated 01.07.2021 (Annexure-Q) passed by the respondent No.2 in the appeal filed by him bearing Appeal No.IIIPI/MC/03/2021-22 as well as the communication/order dated 05.03.2021 (Annexure-C) made by the respondent No.2, rejecting the application of the petitioner filed for enrollment as a Professional Member of the respondent No.1; and seeking direction to the respondent No.1 to approve the application of the petitioner dated 30.11.2020 (Annexure-B) for enrolment as a Professional Member of the respondent No.1.

2. The case of the petitioner is that, he being a Chartered Accountant having seventeen years of unblemished career and enjoying high reputation for his professional work had sought for his enrolment as a Professional Member of the respondent No.1. That by communication dated 05.03.2021 (Annexure-C), the respondent No.2 rejected the application of the petitioner in terms of Clause 10(5) of the Bye-Laws of Indian Institute of Insolvency Professional of ICAI (for short, hereinafter referred to as 'Bye-Laws of IIIPI') holding that there is a disciplinary proceedings pending against him and same was not resolved. As against which, the petitioner preferred an appeal before the respondent No.1, which by order dated

01.07.2021 (Annexure-Q) found that, even as on the date of the said appeal, the disciplinary proceedings initiated against him had not been concluded and therefore, referring to Clause 10(9) of the Bye-Laws of IIIPI in view of Insolvency and Bankruptcy Board of India (Insolvency Professionals) Regulations, 2016 (for short, hereinafter referred to as 'IBBI Regulations-2016') requiring as to whether any disciplinary proceedings was pending, and since there was a disciplinary proceedings against the petitioner was pending, appeal was disposed of concurring with order dated 05.03.2021 (Annexure- C) passed by the respondent No.2. Being aggrieved by the same, the petitioner filed the present writ petition.

3. Lear