Dr.K.M.Cherian v. Chairperson

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.06.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.233 of 2021 and WMP.No.302 of 2021 Dr.K.M.Cherian ... Petitioner Vs.

1.Chairperson, Insolvency and Bankruptcy Board of India(IBBI), 7th Floor, Mayur Bhawan, Shankar Market, Connaught Circus, New Delhi 110 001 2.Secretary, Ministry of Corporate Affairs, A-Wing, Shastri Bhawan, Rajendra Prasad Road 8, New Delhi 110 001 3.S.Rajagopal 4.First Step Ventures Ltd., Jabel Ali Free Zone Authority, Government of Dubai, United Arab Emirates ... Respondents PRAYER: Writ Petition is filed under Article 226 of Constitution of India praying to issue a Writ of Mandamus directing the first respondent to initiate appropriate action based on the complaint filed by the petitioner herein against respondents No.3 for having acted in violation of the regulations framed under IBBI (Insolvency Professionals) 1/4

Regulations 2016 and further direct the third respondent to deposit the remuneration received during his assignment as Chairman, Monitoring Committee to the account of M/s.Frontier Lifeline Pvt.Ltd. For Petitioner : Mr.S.Haja Mohideen Gisthi For Respondents For R1 : Mr.K.S.Jeyaganesan For R2 : M/s.N.K.Nithilavani, Central Government Standing Counsel For R3 : Mr.B.Dhanaraj For R4 : Mr.Anirudh Krishnan

ORDER

This writ petition has been filed for direction to the first respondent to initiate appropriate action based on the complaint filed by the petitioner herein against respondents No.3 for having acted in violation of the regulations framed under IBBI (Insolvency Professionals) Regulations 2016 and further direct the third respondent to deposit the remuneration received during his assignment as Chairman, Monitoring Committee to the account of M/s.Frontier Lifeline Pvt.Ltd. 2/4

2.

Though this writ petition has been filed for direction to the first respondent to initiate appropriate action based on the complaint lodged by the petitioner as against the third respondent, on receipt of the said complaint, the first respondent had gone through the entire complaint and closed the complaint by an order dated 08.02.2021. 3.

Therefore, nothing survives in this writ petition for adjudication. Accordingly, this writ petition is dismissed. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs.

03.06.2024 Index: Yes/No Speaking/Non-speaking order lok 3/4

G.K.ILANTHIRAIYAN, J.

lok To 1.Chairperson, Insolvency and Bankruptcy Board of India(IBBI), 7th Floor, Mayur Bhawan, Shankar Market, Connaught Circus, New Delhi 110 001 2.Secretary, Ministry of Corporate Affairs, A-Wing, Shastri Bhawan, Rajendra Prasad Road 8, New Delhi 110 001 3.First Step Ventures Ltd., Jabel Ali Free Zone Authority, Government of Dubai, United Arab Emirates 03.06.2024 4/4