Partha Sarathy Sarkar Vs. IBBI & Ors.

Inspection Order has not been signed by the Executive Director of IBBI but the Assistant General Manager, High Court stays implementation and execution of IBBI Disciplinary Committee Order- Partha Sarathy Sarkar Vs. Insolvency & Bankruptcy Board of India (IBBI) & Ors.- Bombay High Court

Hon’ble High Court prima facie, found that the Inspection Order has not been signed by the Executive Director of IBBI but the Assistant General Manager. In answer to this, the learned counsel appearing on behalf of the IBBI submitted that there is a complete answer to this argument and which would be explained to the Court by filing an affidavit-in-reply on or before 31st October, 2023.

Inspection Order has not been signed by the Executive Director of IBBI but the Assistant General Manager, High Court stays implementation and execution of IBBI Disciplinary Committee Order- Partha Sarathy Sarkar Vs. Insolvency & Bankruptcy Board of India (IBBI) & Ors.- Bombay High Court Read Post »

Bombay High Court sets aside order of IBBI Disciplinary Committee passed against Mr. Partha Sarathy Sarkar, Insolvency Professional – Partha Sarathy Sarkar Vs. Insolvency & Bankrupcy Board of India (IBBI) & Ors. – Bombay High Court

Vide the impugned order, IBBI Disciplinary Committee suspended the registration of Mr. Partha Sarathy Sarkar as Insolvency Professional for a period of three years.
In this case, the main grievance against the impugned order was that there was violation of principles of natural justice as well as a complete non application of mind on the part of the Disciplinary Committee in passing the impugned order.
Hon’ble High Court, after going through the impugned order, found that there is much substance in the contentions canvassed by Mr. Pratik Sarkar. The Court, considering the stand taken by the IBBI, has directed that the impugned order is hereby quashed and set aside. The Disciplinary Committee of the IBBI shall give a fresh notice for hearing to the Petitioner. Once the notice is given, the Disciplinary Committee shall hear the Petitioner and thereafter pass an appropriate order.

Bombay High Court sets aside order of IBBI Disciplinary Committee passed against Mr. Partha Sarathy Sarkar, Insolvency Professional – Partha Sarathy Sarkar Vs. Insolvency & Bankrupcy Board of India (IBBI) & Ors. – Bombay High Court Read Post »

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