Mr. Yogesh Gupta v. Insolvency And Bankruptcy Board Of India & ANR.

$~117 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 18191/2025 MR. YOGESH GUPTA .....Petitioner Through:

Mr. Ramesh Kumar, Adv.

versus INSOLVENCY AND BANKRUPTCY BOARD OF INDIA & ANR. .....Respondents Through:

Mr. Aman Rastogi, Adv. for R1 Mr. Abhsihek Anand, Mr. Karan Kohli, Mr. Arjun Chibbar, Advs.

Mr.

Navneet Gupta (Resolution Professional).

CORAM:

HON'BLE MR. JUSTICE SACHIN DATTA % 01.12.2025

O R D E R

1.

The present petition has been filed by the petitioner, who is an erstwhile director of M/s Pelican Grand Motels Pvt. Ltd., which is undergoing the Corporate Insolvency Resolution Process. It is submitted that the petitioner filed a complaint dated 16.12.2024 before the respondent no. 1 (the Insolvency and Bankruptcy Board of India) against the respondent no.2 (a Resolution Professional appointed by the NCLT, Delhi) alleging professional misconduct and collusion with one Mr. Jitender Mittal (who is an ex-director of M/s Pelican Grand Motels Pvt. Ltd. 2.

The respondent no.1 vide order dated 27.01.2025, closed the complaint against respondent no.2. It is submitted by the petitioner that the same was done without conducting a proper inquiry and considering the grievance of the petitioner in line with Regulation 7 of the Insolvency and Bankruptcy Board of India (Grievance and Complaint Handling Procedure) Regulations, 2017.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/12/2025 at 14:04:26

3.

It is submitted that the petitioner subsequently sought a review, which was closed on 19.05.2025, in a cryptic manner without even giving an opportunity of hearing to the petitioner.

4.

Learned counsel for the respondent is not in a position to controvert that the petitioner's review was decided without giving an opportunity of hearing to the petitioner.

5.

After some hearing, and with consent of respective counsel for the parties, the impugned order dated 19.05.2025 in the review application filed by the petitioner is set aside. It is further agreed, that the review application shall be considered afresh taking into account the averments made in the present petition. It is further agreed that an opportunity of hearing shall be provided to the petitioner and a reasoned order shall be passed thereafter. Let the said exercise be completed as expeditiously as possible, and preferably within a period of eight weeks from today. SACHIN DATTA, J DECEMBER 1, 2025/uk The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/12/2025 at 14:04:26