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TMI Blog2022 (10) TMI 640X X X X Extracts X X X X X X X X Extracts X X X X ..... rofessional Examination of IBBI and has already undergone 50 (fifty) hours Pre - registration Education Course as mandated by the IBBI under the Regulations, 2016, and claims to have managerial experience, this Court is of the considered opinion, that application needs to be decided afresh, if the petitioner also submits other documents on record to demonstrate that he was actually managing a team which also requires management expertise as provided under Regulation 5(3)(c)(iii)(b) or (c) and also possesses educational qualification as per the said Regulation. The impugned order dated 18.11.2021 (Annexure P/1) passed by respondent No.2 is hereby quashed and the matter is remanded back to the respondent Whole Time Member of Insolvency B ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as void and arbitrary. b) The Respondent Nos. 1 2 may kindly be directed to grant the Petitioner his Certificate of registration as an Insolvency Professional, which the Petitioner rightly and truly deserves. c) The order dated 18.11.2021 passed by the Respondent No.1 2 may kindly be quashed as being void and arbitrary. d) Any other relief/direction which this Hon ble Court may deem fir and proper may kindly be granted to the Petitioner. 3. The petitioner is aggrieved by the order dated 18.11.2021 (Annexure P/1), passed by respondent No.2, whereby the petitioner s application for grant of Certificate of Registration as an Insolvency Professional (IP) under Regulation 7 of the Insolvency Bankruptcy Board of India ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or direction to grant the following relief(s); a) Issue writ, order or direction in nature of mandamus or any other suitable writ declaring the actions of the Respondents as void and arbitrary. b) The Respondent Nos. 1 2 may kindly be directed to grant the Petitioner his Certificate of registration as an Insolvency Professional, which the Petitioner rightly and truly deserves. c) The order dated 18.11.2021 passed by the Respondent No.1 2 may kindly be quashed as being void and arbitrary. d) Any other relief/direction which this Hon ble Court may deem fir and proper may kindly be granted to the Petitioner. 7. In the impugned order dated 18.11.2021 (Annexure P/1), in paras 6, 7 and 8, the Whole Time Member of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and fees for professional or technical services . The case laws submitted by the applicant do not relate to counting of managerial experience and hence are not considered relevant. Also, the experience as a proprietor or non-executive director cannot be considered as a substitute of desired experience in management and only leads to ambiguity about the nature of experience possessed by the applicant. The experience certificate dated 19th February 2021 issued by B R Goyal Infrastructure Limited for the period 01st May 1995 to 31st December 2010 also specifies the designation of the application as a consultant for Engineering Services . Therefore, the nature of experience claimed by the applicant cannot be established as required experien ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... essional agency; (b) has completed a pre-registration educational course, as may be required by the Board, from an insolvency professional agency after his enrolment as a professional member; and (c) has- (i) successfully completed the National Insolvency Programme, as may be approved by the Board; (ii) successfully completed the Graduate Insolvency Programme, as may approved by the Board; 5 (iii) experience of - (a) ten years in the field of law, after receiving a Bachelor s degree in law; (b) ten years in management, after receiving a Master s degree in Management or two-year full time Post Graduate Diploma in Management; or (c) fifteen years in management, after receiving a Bachelor s degre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... anded back to the respondent Whole Time Member of Insolvency Bankruptcy Board of India with a liberty to the petitioner to file additional documents within two weeks time as observed by this court, to demonstrate his eligibility to claim the IP certificate, and the concerned respondent is also directed to take decision on the petitioner s application afresh, in accordance with law by passing a reasoned and speaking order within a period of six weeks from the date of receipt of certified copy of this order. It is made clear that this court has not adverted to the merits of the case. 11. Accordingly, Writ Petition No.4285/2022 stands allowed and disposed of. All the other pending interlocutory applications, if any, shall stand dispose ..... X X X X Extracts X X X X X X X X Extracts X X X X
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