banner_ad

In the matter of Mr. Pinaki Sircar, Insolvency Professional


Last updated: 05 December 2020

Court :
IBBI

Brief :
This Order disposes of the Show Cause Notice (SCN) No. IBBI/IP/MON/2020/25 dated 28th August, 2020 issued to Mr. Pinaki Sircar, 31/7, N.C. Chowdhury Road, Kolkata, West Bengal700042, who is a Professional Member of the ICSI Institute of Insolvency Professionals (IPA) and an IP registered with the Insolvency and Bankruptcy Board of India (IBBI) with Registration No. IBBI/IPA-002/IP-N00063/2017-2018/10141.

Citation :
No. IBBI/DC/49/2020

INSOLVENCY AND BANKRUPTCY BOARD OF INDIA
(Disciplinary Committee)

No. IBBI/DC/49/2020 
4th December, 2020

Order

In the matter of Mr. Pinaki Sircar, Insolvency Professional (IP) under Regulation 11 of the Insolvency and Bankruptcy Board of India (Insolvency Professional) Regulations,2016

This Order disposes of the Show Cause Notice (SCN) No. IBBI/IP/MON/2020/25 dated 28th August, 2020 issued to Mr. Pinaki Sircar, 31/7, N.C. Chowdhury Road, Kolkata, West Bengal700042, who is a Professional Member of the ICSI Institute of Insolvency Professionals (IPA) and an IP registered with the Insolvency and Bankruptcy Board of India (IBBI) with Registration No. IBBI/IPA-002/IP-N00063/2017-2018/10141.

Background

1.1 The IBBIhadissued on 28th August, 2020, the SCN to Mr. Pinaki Sircar for accepting the assignment as the Liquidator in Liquidation process of M/s Bansal Refineries PrivateLimited (CD) after 31st December, 2019 without holding a valid Authorisation forAssignment (AFA) from his IPA. The order of Liquidation was passed by the National Company Law Tribunal (NCLT), Kolkata Bench (AA) on 17th January, 2020 due to failure of the Corporate Insolvency Resolution Process (CIRP) of the CD.

1.2 Mr. Sircar submitted reply to the SCN, dated 5th September, 2020. The IBBI referred the SCN, response of Mr. Sircar to the SCN and other material available on record to theDisciplinary Committee (DC) for disposal of the SCN in accordance with the Code andRegulations made thereunder. The IP availed an opportunity of personal e-hearing before the DC on 10th September, 2020.

Show Cause Notice

2. The SCN issued by IBBI alleged contraventions of sections 208(2)(a) & (e) of theInsolvency and Bankruptcy Code, 2016 (Code), regulations 7(2)(a) & (h) and 7A of the IBBI (Insolvency Professionals) Regulations, 2016 (IP Regulations) read with clauses 1, 2, 11, 12 and 14 of the Code of Conduct contained in the First Schedule of the IP Regulations for accepting the assignment as the liquidator in Liquidation process of M/s Bansal Refineries Private Limited after 31st December, 2019 for which public announcement was made on 21st January, 2020 without holding a valid AFA from the IPA.

3. Mr. Sircar’s submissions made in his written reply and during the course of personal hearing are summarized as follows.

To know more in details find the attachment file
 

 

CCI Pro

Guest
Published in Corporate Law
Views : 349
downloaded 460 times

Comments




CCI Pro
Meet our CAclubindia PRO Members

Follow us
add to google news


Company
23 May 2026
Account Executive

SMJ global advisors pvt ltd

New Delhi

B.Com

View Details
Company
ARTICLESHIP 17 May 2026
CA Article /Trainee

Malik Sunil & co

New Delhi

CA Foundation

View Details
Company
Featured 28 May 2026
SEMI QUALIFIED/ CA DROPOUTS/ ARTICLES

T R SOOD & CO

New Delhi

CA Inter

View Details
Company
Featured 27 May 2026
Lead Conversion Executive / Sales Closing Executive

SMJ global advisors pvt ltd

New Delhi

B.Com

View Details
Company
23 May 2026
Article Assistant

Geeta Manchanda & CO.

New Delhi

CA Inter

View Details
Company
26 May 2026
Audit executive

vdsr & co LLP

Chennai

CA Inter

View Details
Company
ARTICLESHIP 28 May 2026
Accounts, Audit & Compliance Executive

Shyam Joshi & Associates

Pune

B.Com

View Details
Company
ARTICLESHIP 31 May 2026
Article Assistant

KPRS And Associates

New Delhi

CA Inter

View Details