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Madras High CourtWP/32437/2023disposed of

Jiangsu Yinhe Electronics Company Limited v. Insolvency And Bankruptey Board

2024-04-04Honourable Mr Justice S.M. Subramaniam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.04.2024

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM Jiangsu Yinhe Electronics Company Limited, Represented by its Power of Attorney Mr.Gopirajan, 3/4 N.S.C. Bose Nagar, Near Alex Nagar A Colony Madhavaram, Tiruvallur - 600 051.

... Petitioner Vs.

1.Insolvency and Bankruptcy Board of India, Represented by its Chairman, 7th Floor, Mayur Bhawan, Shankar Market, Connaught Circus, New Delhi - 110 001.

2.Mr.Arumugam ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 1st respondent to dispose the complaint filed by the petitioner on 22.04.2023 with the 1st respondent within the time frame as per the provisions of Insolvency and Bankruptcy Board of India (Grievance And Complaint Handling Procedure) Regulations, 2017.

For Petitioner : Ms.Tejaswini Siva Prakasam For M/s.Genicon and Associates For R1 : Mr.K.S.Jeyaganeshan Senior Panel Counsel

O R D E R

The relief sought for in the present writ petition is to direct 1st respondent to dispose the complaint filed by the petitioner on 22.04.2023 with the 1st respondent within the time frame as per the provisions of Insolvency and Bankruptcy Board of India (Grievance And Complaint Handling Procedure) Regulations, 2017.

2. With reference to the relief sought for in the present writ petition, Mr.K.S.Jeyaganeshan, learned Senior Panel Counsel appearing on behalf of the 1st respondent would submit that the Insolvency and Bankruptcy Board of India found that there is a prima facie case for conducting an enquiry on the complaint submitted by the petitioner. Thus, the complaint has already been registered and that being the factum, the 1st respondent is directed to conduct an enquiry by following the procedures and by affording opportunity to all the parties and decide the issues on merits and in accordance with law.

3. With these observations, this Writ Petition stands disposed of. No costs.

04.04.2024 Jeni Index : Yes Speaking order To The Chairman, Insolvency and Bankruptcy Board of India, 7th Floor, Mayur Bhawan, Shankar Market, Connaught Circus, New Delhi - 110 001.

S.M.SUBRAMANIAM, J.

Jeni 04.04.2024