TaxTMI 
TaxTMI 
2026 (8) TMI 1143
X X X X Extracts X X X X
X X X X Extracts X X X X
....s for R-2. Mr. Parth Goswami and Mr. Ranjeer Pawar, Advocates for R-4. JUDGMENT PER DR. SWARANA KANTA SHARMA, J (ORAL) 1. By way of the present petition, the petitioner seeks grant of following reliefs: a) Issue an appropriate writ, order or direction in the nature of Certiorari or any other appropriate writ, quashing and/or setting aside the impugned Order dated 15.06.2026 bearing No. IBBI/DC/325/2026, as the said Order dated 15.06.2026 disposes of and closes the Show Cause Notice dated 28.01.2025 without consideration of the Petitioner's representations dated 26.03.2026 and 22.04.2026 and the material placed therewith; and/ or b) Issue an appropriate writ, order or direction in the nature of Mandamus directi....
X X X X Extracts X X X X
X X X X Extracts X X X X
....tten submissions received from Respondent No. 2, the Petitioner's representations dated 26.03.2026 and 22.04.2026 and all material forming part of File No. IBBI/DC/325/2026; and/ or..." 2. The brief facts of the case, as set out in the petition, are that the petitioner, who was employed as a Supervisor at the Sinnar Plant of Hindusthan National Glass & Industries Ltd., had filed a complaint dated 21.10.2024 before the Insolvency and Bankruptcy Board of India (IBBI) against Respondent No. 2, Sh. Girish Sriram Juneja, the erstwhile Resolution Professional of HNGIL, alleging several acts of omission and commission during the Corporate Insolvency Resolution Process, including failure to preserve and protect the assets of the Corporate De....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ot considering the other allegations in the complaint and the subsequent material placed on record by the Petitioner. 4. Aggrieved by the aforesaid order dated 15.06.2026, the petitioner has preferred the present writ petition seeking, inter alia, quashing of the impugned order and consequential directions to the IBBI to reconsider the complaint afresh after taking into account the material placed on record and after affording the petitioner an opportunity of hearing. 5. At the outset, the learned senior counsel appearing for respondent no. 2, without going into the merits of the case, draws this Court's attention to the Insolvency and Bankruptcy Code (Amendment) Act, 2026 [hereafter '2026 Amendment'], which came into force on 26.05.2....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ty and to comply with the requirement of the Pollution Control Board, when matter in respect of both the allegations are pending before other forums for adjudication. The SCN issued by the Board is primarily founded upon the complaint pending before the CJM, Nashik, the FIR registered at MIDC Sinnar Police Station, and the Show Cause Notice issued by the MPCB, all of which remain pending for adjudication before their respective forums and based on the information available on record, these respective forums are yet to conclude the proceedings. 3.2 In the above background, the DC, in exercise of the powers conferred under Section 220(2) of the Code read with Regulation 13 of the IBBI (Inspection and Investigation) Regulations, 2017 ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....be treated as an order falling within the scope of sub-sections (2) to (5) of Section 220 of the IBC - is concerned, it is correct that the impugned order records a prima facie opinion with regard to certain allegations of misconduct and does not ultimately determine the action, if any, to be taken against respondent no. 2. However, the absence of a final finding on the consequences of the misconduct alleged does not, by itself, alter the nature or character of the order passed by the Disciplinary Committee. 10. In the present case, the impugned order dated 15.06.2026 was passed upon consideration of the SCN dated 28.01.2025, which had been issued under Section 219 of the IBC. More importantly, paragraph 3.2 of the impugned order express....