The recent order by IBBI Disciplinary Committee (DC) in the matter of Sh. Yogesh Kumar Gupta, Insolvency Professional (IP) dt/- 1st July 2022 [No. IBBI/DC/109/2022] has raised consternation in the Insolvency Professionals’ fraternity, some terming it to be ‘Harsh’ while others terming it to be ‘Unfair’. However, from the perception of being an Advocate, the undersigned author sees this order as ILLEGAL & disregards the rights conferred to a Resolution Professional by the statute & the binding precedent/s governing the statute. This article is intended to highlight the infirmities in the said order, and also discusses the legal remedies available in law to an Insolvency Professional to resist the passing of such orders.
| Part-I | : | You are Wrong!!! I don’t know how. But I will somehow find out… |
| Part-II | : | We Are Not Helpless!!! |