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TMI Blog2019 (9) TMI 844X X X X Extracts X X X X X X X X Extracts X X X X ..... anu Mukherjee, Adv. for R2. JUDGMENT G.S. SISTANI, J. (ORAL) A very short issue comes up for consideration before this court. The petitioner has filed the present writ petition seeking to declare the amendment introduced to the Insolvency and Bankruptcy Board of India (Insolvency Professionals) Regulations 2016 (IBBI Regulations, 2016) notified on 27.03.2018 as unconstitutional to the extent th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bmitted online on 30.03.2018. 3. In the counter-affidavit filed by respondent No. 1, paragraphs 14 and 15 narrate that respondent No. 1 did not receive the application of the petitioner. Counsel for respondent No. 2 however explains that though the application was received but the same could not be processed since 30.03.2018 and 31.03.2018 were holidays and the amendment came into force on 01.04. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... I-IIP) and Respondent No. 2] along with the applications of the individuals received by IPAs by 31st March, 2018, but were not forwarded to the Board before 31.03.2018 as the period during 29th March 2018 to 1st April 2018 were holidays on account of Mahavir Jayanthi, Good Friday, Saturday and Sunday. Therefore, vide their representation, the IPAs had requested the Respondent No.1, to consider bon ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e. It may also be noted that while Respondent No. 1 has cleared both the applications received from Respondent No. 2, it has not received any application pertaining to the Petitioner till date. In that view of the matter, the consideration of the Petitioner's application or grant of registration by the Respondent No. 1, to the Petitioner did not arise. The allegations to the contrary, made again ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... should clarify that this order be not treated as a precedent, having been passed considering the peculiar facts of the case, keeping in mind 30.03.2018 and 31.03.2018 were holidays and the applicant could not be enrolled only for this reason. 8. Accordingly, we make it clear that this order shall not be treated as a precedent, having been passed in the peculiar facts of the present case. 9. With ..... X X X X Extracts X X X X X X X X Extracts X X X X
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