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        Case ID :

        2026 (7) TMI 1196 - AT - IBC

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        Cross-assignment suspension of a resolution professional was stayed pending appeal to preserve creditors' committees' statutory decision-making role. Suspension of a resolution professional's registration for alleged misconduct in one CIRP should not, pending appeal, automatically prevent work on other ...
                        Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.

                            Cross-assignment suspension of a resolution professional was stayed pending appeal to preserve creditors' committees' statutory decision-making role.

                            Suspension of a resolution professional's registration for alleged misconduct in one CIRP should not, pending appeal, automatically prevent work on other assignments without a hearing concerning those assignments. The statutory framework preserves the respective committees of creditors' role in appointment or replacement, and Regulation 13(7) permits communication of disciplinary action to those committees. A blanket suspension was described as prima facie disproportionate because it displaced those committees' statutory role and affected unrelated assignments. The suspension was stayed for assignments other than the CIRP in which the professional had been removed, while the Board may communicate its order to the relevant committees for their decision.




                            Issues: Whether, pending the appeal, suspension of a resolution professional's registration for misconduct alleged in one CIRP could operate across all other assignments without an opportunity of hearing concerning those assignments.

                            Analysis: The statutory scheme requires Board confirmation for appointment or replacement of a resolution professional, while Regulation 13(7) contemplates communication of disciplinary action to the committees of creditors in other ongoing assignments. The blanket suspension was prima facie disproportionate, undermined the respective committees' statutory role, and affected the appellant's other assignments without a hearing on conduct in those assignments. The appellant established a prima facie case, balance of convenience and irreparable injury. The wider appellate scope under Section 220(7) was left for determination in the main appeal.

                            Outcome: The suspension was stayed insofar as it barred the appellant from acting in assignments other than the CIRP in which he had been removed; the Board may communicate its order to the respective committees of creditors for their decision.


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                            ActsIncome Tax
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