IBBI suspends registration of IP for failure in relationship disclosure

Notification No. IBBI/DC/132/2022 11/10/2022

it is found that Mr. Prakash had neither disclosed the appointment of his brother through M/s Ibay Capital before the CoC nor made relationship disclosure of engagement of M/s Ibay Capital on the website of the IPA. Further, the valuation report was submitted by M/s iVas Partners whose appointment or fee was not approved/ratified by [&hel...

Information under RTI cannot be denied to A company or a corporation

Utility Premises Private Limited Vs Central Public Information Officer (First Appellate Authority of IBBI)

Utility Premises Private Limited Vs Central Public Information Officer (First Appellate Authority of IBBI) The Respondent had stated that under RTI Act, only citizens can seek information and since the Applicant being a Company is not a citizen, it is not eligible to seek information under RTI Act. In J.C. Talukdar vs. C.E.(E) CPWD Kolkat...

Outsourcing of work by An IRP/RP is violation of IBC, 2016

Order No. IBBI/DC/80/2021 09/12/2021

An IRP / RP is appointed by the AA and is duty bound to conduct CIRP with fairness and diligence and must maintain absolute independence in discharge of his statutory duties without any external influences. The entire resolution process of a CD is dependent on the IRP/ RP who is primarily responsible for efficiently and […]...

RP to disclose voting pattern & should file relationship disclosure

Order No. IBBI/DC/76/2021 27/08/2021

Regulation 26(4) of the CIRP Regulations makes it mandatory for the RP to make disclosure about the voting pattern, the objective being to ensure transparency in the process and boost confidence among the CoC members. As per the regulation 26(4) of CIRP Regulations, Mr. Pramod Kumar Sharma was to disclose the names of the members [&hellip...

Under RTI act petitioner cannot elicit answer to his queries or ask for any ‘opinion’ or ‘advice’

Mr. Ankit Garg Vs CPIO, Insolvency and Bankruptcy Board of India (Insolvency And Bankruptcy Board of India)

RTI Act does not cast on the public authority any obligation to answer queries in which the petitioner attempts to elicit answer to his queries with prefixes as why, what when and whether. The petitioner’s right extends only to seeking information as defined in section 2(f) either by pointing the file document, paper or record etc., or ...

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September 2023