2023 (3) TMI 748

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.... Mr. Vikas Mehta & Mr. Apoorv Khator, Advocates for IBBI (M-9810536903) Prathiba M. Singh, J. (Oral) 1. This hearing has been done through hybrid mode. 2. The present petition seeks to cancel and set aside the order dated 6th September, 2018, passed against the Petitioner by the Disciplinary Committee of Respondent No.1/Insolvency and Bankruptcy Board of India (hereinafter 'IBBI'), in No.....

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.... the allegations in the notice as also the submissions made by the Petitioner, vide order dated 6th September, 2018, gave the following directions: "6. ORDER 6.1 Mr. Goel has misled the stakeholders, the Board and the DC. His conduct is in violation of section 208 read with regulations 7(2)(a) and 7(2)(b) of the Insolvency and Bankruptcy Board of India (Insolvency Professionals) ....

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....all come into force on expiry of 30 days from the date of its issue. 6.3 A copy of this order shall be forwarded to the Indian Institute of Insolvency Professionals of ICAI where Mr. Kapil Goel is enrolled as a professional members. 6.4 A copy of this order shall be forwarded to the Secretary, NCLT, New Delhi for information." 4. As can be seen from the above directions, the I....

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....7. Mr. Vikas Mehta, ld. Counsel for the IBBI, submits that the name 'IBBI Insolvency Practitioners LLP' which was incorporated by the RP has already been struck off from the Register of Companies by the Registrar of Companies/Ministry of Corporate Affairs (hereinafter 'MCA') on 26th April, 2019. The period of suspension of three months has also already lapsed. Moreover, this Court is of the opinio....