2023 (3) TMI 748

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...., 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.IBBI/DC/09/2018. 3. The facts of the matt....

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....ubmissions 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) Regulations, 2016 and clauses 1, 2, 10, 12, 14 and 24 of t....

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....py 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 IBBI held that the RP was in violation of Section 208 of the IBC read with Regulation 7(2)(a) an....

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....P' 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 opinion that the RP could not have used the name IBBI for his own private entity which would amount to misl....