Mohit Bipinchandra Adatiya Vs Insolvency and Bankruptcy Board of India (Gujarat High Court)
Summary: The Gujarat High Court at Ahmedabad considered Special Civil Application No. 10872 of 2026 filed by Mohit Bipinchandra Adatiya against the Insolvency and Bankruptcy Board of India (IBBI). The petition challenged the impugned order dated 5th August 2026 passed by the Disciplinary Committee of the IBBI. The order records the petitioner’s submissions concerning the composition of the Disciplinary Committee and the alleged involvement of one of its members in the investigation.
Before the Court, learned Senior Advocate Mr. Percy Kavina submitted that Mr. Bhushan Kumar Sinha was a Whole-Time Member of the IBBI and was also assigned the task relating to investigation. The petitioner relied upon averments in the petition and a chart downloaded from the respondent’s website to support this submission.
The petitioner drew the Court’s attention to an order passed by a coordinate Bench in an almost identical situation and submitted that there were a series of such orders. At this stage, reliance was placed upon one such order for the proposition that an investigator who had conducted, or at any point of time had been connected with, an investigation could not be permitted to form part of the Disciplinary Committee and adjudicate upon the issue in question.
