IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25-11-2025

CORAM

THE HONOURABLE MR JUSTICE M.DHANDAPANI

& WMP.Nos.47794 & 50517 of 2025

Adv.(CA) V.Venkata Sivakumar

No.10/11 Dr.Subbarayan Nagar Main

road Kodambakkam Chennai – 600 024

Email: arunasri.siva@gmail.com

Petitioner(s)

Vs

1.Disciplinary Committee,

Represented by Executive Director

Mr.Shri Satish Sethi

Insolvency and Bankruptcy Board of India

7^th Floor, MayurBhawan, Shankar Market Connaught Circus, New Delhi – 110 001.

Email: ipmonitoring@ibbi.gov.in

2.Shri Kulwant Sing,

Executive Director,

Legal and Prosecution Division – IBBI

7^th Floor, MayurBhawan, Shankar Market Connought Circus, New Delhi – 100 001,

Email: s.kulwant@ibbi.gov.in

3.Deputy General Manager-IBBI

7^th Floor, MayurBhawan, Shankar Market Connought Circus, New Delhi – 110 001,

Email: kk.giridhari75@ibbi.gov.in

Respondent(s)

PRAYER

This writ petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Certiorari, calling for the records of the decisions made by the 3^rd Respondent in the impugned order bearing File

No.F.No.IBBI/C/2024/01059/1812/1355 dated 11-09-2025, and quash the same as being manifestly Arbitrary, illegal, and in violation of Section 219 of the Insolvency and Bankruptcy Code, 2016 (IBC) and Article 14, 19, 20(2) and 21 of the Constitution of India.

For Petitioner(s): Adv(CA) V.Venkata Sivakumar (party-in-person)

For Respondent(s): Mr.S.R.Sundar, Senior Standing Counsel for IBBI ORDER This writ petition is filed to call for the records of the decisions made by the 3^rd Respondent in the impugned order bearing File No.F.No.IBBI/C/2024/01059/1812/1355 dated 11-09-2025, and quash the same as being manifestly Arbitrary, illegal, and in violation of Section 219 of the Insolvency and Bankruptcy Code, 2016 (IBC) and Article 14, 19, 20(2) and 21 of the Constitution of India.

2.The case of the prosecution is that the petitioner is an Resolution Professional and a Member of the first respondent, who is the Regulator with Disciplinary Jurisdiction. The petitioner is a gold medalist in graduation, a Chartered Accountant and a holder of master’s decree in law (LLM Constitutional Law) currently practising as an Advocate. The petitioner has been actively engaged in public interest litigation, including several PILs aimed at reforming the functioning of the Insolvency and Bankruptcy Board of India (IBBI), which is the regulatory body under whose jurisdiction the petitioner operates.

3.The further case of the petitioner is that despite the petitioner’s efforts to safeguard the public funds running into more than Rs.37 lakh Crores lost notionally the IBBI has initiated a series of baseless complaints against the petitioner, issuing show cause notices and suspensions that have repeatedly been stayed by this Court. One such show cause notice is the impugned notice issued under Section 219 of the Insolvency and Bankruptcy Code (IBC). Challenging the same, the present writ petition has been filed.

4.The learned party-in-person would submit that for ordering the show cause notice under Section 219 of the Insolvency and Bankruptcy Code (IBC), reasons has to be recorded, for ordering investigation against the member of the respondent. However, in the information received from the RTI reply it is seen that no reasons were recording, for ordering investigation against the member of the respondent. He would also submit that the instant show-cause notice is a tailor-made show cause notice, which has been passed without providing any opportunity to petitioner. He also submitted that earlier, another show cause notice was issued to the petitioner, suspending the membership of petitioner and that the same came to be challenged before this Court and is still pending. The learned counsel would further add that since the impugned show cause notice has been issued without assigning any reasons, the same is not sustainable and hence, prays for setting aside the same and thereby, to allow the present writ petition.

5.Per contra, the