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TMI Blog2020 (9) TMI 514X X X X Extracts X X X X X X X X Extracts X X X X ..... ie opinion in favour of the complainant or against it. In case the opinion is against the complainant, the complainant has a right under the Sub- Regulation 5 of Regulation 7 to seek a review on the said decision. Merely informing the petitioner as has been done in the present case that appropriate action is being initiated in the matter, would not, therefore, satisfy the requirements of Regulation 7. The complainant was never informed whether respondent no.1 has formed an opinion in favour of the complainant or against him, on such complaint. As far as the present case is concerned, the respondent no.1 has already formed a prima facie opinion in favour of the complainant and further action thereon in terms of Regulation 7 (7) is under i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Petitioners against the Respondent No.2. 3. The petitioners were primarily aggrieved of the communication dated 13.08.2020 from the respondent no.1, which reads as under: This is in reference to the Form-A complaint dated 25.06.2020 filed by you against Mr.Anil Kohli, IP, in the subject matter under IBBI (Grievance and Complaint Handling Procedure) Regulations, 2017. 2. The allegations made in the complaint have been duly examined by the Board and the appropriate action is being initiated in the matter. 4. Relying upon Regulation 7(3) of the Insolvency and Bankruptcy Board of India (Grievance and Complaint Handling Procedure) Regulations, 2017 (hereinafter referred to as the Regulations ), the petitioner submits th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sts a prima facie case within forty-five days of the receipt of the complaint. (4) The Board shall close the complaint where it is of the opinion under sub-regulation (3) that there does not exist a prima facie case and communicate the same to the complainant. (5) If the complainant is not satisfied with the decision of the Board under sub-regulation (4), he may request a review of such decision. (6) The Board shall dispose of the review under sub-regulation (5) within thirty days of the receipt of the request for review by an order with an opinion whether there exists a prima facie case. (7) Where the Board is of the opinion under this regulation that there exists a prima facie case, it may order an inspection under sub ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion thereon in terms of Regulation 7 (7) is under its consideration. The respondent no. 1is directed to expedite the decision under Regulation 7(7) of the Regulations and communicate such decision to the petitioner as well. 11. Another issue raised by the learned counsel for the petitioners relates to the right of the complainant to participate in the proceedings that may be initiated by the respondent no.1 on such complaint. 12. List for hearing on the above issue on 01st December, 2020. 13. The petitioners shall file a brief synopsis of its arguments alongwith supporting Regulations and judgments within a period of four weeks from today. Similar exercise shall be done by the respondents within four weeks thereafter. - - TaxTM ..... X X X X Extracts X X X X X X X X Extracts X X X X
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