Anand Kumar Mishra v. The Union Of India
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.11.2025
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE MOHAMMED SHAFFIQ and W.M.P. Nos.24263 and 24264 of 2025 in W.P.No.21478 of 2025 W.M.P. Nos.24269 and 24272 of 2025 in W.P.No.21484 of 2025 W.M.P. Nos.24275 and 24276 of 2025 in W.P.No.21486 of 2025 W.M.P. Nos.24279 and 24280 of 2025 in W.P.No.21489 of 2025 Anand Kumar Mishra ... Petitioner in W.P.No.21478 of 2025 Senthil Kumar J ... Petitioner in W.P.No.21484 of 2025 M.Thiyagarajan ... Petitioner in W.P.No.21486 of 2025 Vijaya Kannan ... Petitioner in W.P.No.21489 of 2025 Vs.
1.The Union of India Secretary to Government of India
Ministry of Corporate Affairs (MCA) Garage No.14 'A' Wing Shastri Bhawan, Rajendra Prasad Road, New Delhi - 110 001.
2.Insolvency and Bankruptcy Board of India (IBBI) rep. By Deputy General Manager, th Floor, Mayur Bhawan, Shankar Market, Connaught Circus, New Delhi - 110 001.
3.M/s.Trupro Insolvency Services LLP (Resolution Professional of M/s.Amar Prakaash Developers Private Limited) House No.581, Third Floor, Sec 27, Gurugram, Haryana - 122 001.
4.Rohit Sehgal Partner, Trupro Insolvency Services LLP, A 604, Sujjan Vihar, Sector 42, Gurugram - 122 002, Haryana.
5.Jagdish Kumar Parulkar, Partner, Trupro Insolvency Services LLP, B56, Wallfort City, Bhata, Ring Road, No.1, Raipur, Chhattisgar - 492 001.
6.Karthik Natarajan, Partner, Trupro Insolvency Services LLP, Flat No.7, Plot No.58, Atreya Ashram Chs,
R.A. Kidwali Road, Opp.SNDT, Mumbai City - 400 019, Maharashtra.
7.Veenu Drall, Insolvency Professional appointed by Trupro Insolvency Services LLP residing at 13G, Vikrant Apartments, Sector 13, Rohini, New Delhi - 110 085.
8.Sankaran R ... Respondents Petitions filed under Article 226 of The Constitution of India praying for issuance of a Writ of Certiorarified Mandamus to call for the records of the 2 nd respondent culminating in the impugned orders dated 17.04.2025 bearing reference numbers IBBI/C/2024/01266, IBBI/C/2024/01265, IBBI/C/2024/01271 and IBBI/C/2024/01273, set aside the same and consequentially direct the 2 nd respondent to conduct an investigation / enquiry against the 3 rd respondent in accordance to the Insolvency and Bankruptcy Board of India (Inspections and Investigations) Regulations 2017 Insolvency and Bankruptcy Board of India (Grievance and Complaint Handling Procedure) Regulations 2017.
For Petitioner : Mr.Kishore Balasubramanian in all Wps For Respondents : Mr.K.K.Muralidharan, Central Government Standing Counsel for R1 in all WPs
Mr.Tharun V.M.
for Mr.S.M.Vivekanandh for R2 in all WPs Mr.Raghav Rajeev Menon for R3 in all WPs No appearance for R4, R5, R7 and R8 in all WPs R6 - Not ready in notice in all WPs COMMON ORDER (Order of the Court was made by MOHAMMED SHAFFIQ, J.) Common issue is raised in all four writ petitions. Challenge in all writ petitions is made to the proceedings dated 17.04.2025, whereby complaints lodged by the petitioners with the second respondent Board alleging misconduct of third respondent were disposed of, according to them, without assigning reasons.
2. Learned counsel for the petitioners briefly submits that the petitioners had originally lodged claims as financial creditors being home buyers against the builder. However, the resolution professional had reclassified the petitioners as creditors other than financial creditors. Learned counsel for the petitioners would submit that the above reclassification is without any merit
and that by itself would constitute recklessness and negligence and therefore, they had lodged complaints before the Insolvency and Bankruptcy Board of India, the second respondent under Insolvency and Bankruptcy Board of India (Grievance and Complaint Handling Procedure) Regulations, 2017. The complaints were examined by the second respondent Board and disposed vide the impugned orders.
3. Learned counsel for the second respondent Board would submit that the petitioners, if aggrieved, have a remedy by way of review in terms of Regulation 7 of the Insolvency and Bankruptcy Board of India (Grievance and Complaint Handling Procedure) Regulations, 2017.
4. On hearing the learned counsel, we find that this is a matter where the petitioners may have to exhaust the remedy by way of review before approaching this Court. At this juncture, learned counsel for petitioners seeks liberty to file review in terms of the above Regulations to which there was no serious objections by learned counsel for respondents. In view thereof,
petitioners shall file review petitions against the impugned proceedings dated 17.04.2025 within a period of ten days from the date of receipt of a copy of this order. If any such review petitions are filed within the stipulated period, the same shall be admitted, entertained and disposed of in accordance with law, after affording an opportunity of hearing as contemplated under the said Regulations.
5. With the above directions, these writ petitions stand disposed of. Consequently, connected miscellaneous petitions are closed. There shall be no order as to costs.
[S.M.S., J.] [M.S.Q., J.] 06.11.2025 mmi To 1.The Secretary to Government of India Ministry of Corporate Affairs (MCA) Garage No.14 'A' Wing
Shastri Bhawan, Rajendra Prasad Road, New Delhi - 110 001.
2.The Deputy General Manager,, Insolvency and Bankruptcy Board of India (IBBI), th Floor, Mayur Bhawan, Shankar Market, Connaught Circus, New Delhi - 110 001.
S.M.SUBRAMANIAM, J.
AND MOHAMMED SHAFFIQ, J.
mmi 06.11.2025