Case Note & Summary
The appeal was filed by Mrinal Harsh Vardhan against remarks made by the Learned Adjudicating Authority in two orders dated 05.06.2026 and 06.07.2026 in CP (IB) No. 380 of 2020. The Appellant, a practicing Advocate, sought to have certain observations expunged, arguing that they adversely affected his professional reputation and were made without giving him an opportunity to defend his actions. The Appellant explained that he sent an email to the Court Master after the order pronounced on 05.06.2026 was not uploaded for 18 days, expressing his anxiety to obtain the order for necessary steps towards implementing the approved Resolution Plan. The Respondents did not object to the expungement of the remarks. The Tribunal reviewed the email and found the language to be polite and reasonable, aimed solely at facilitating the uploading of the order. The Tribunal concluded that the remarks were uncalled for and ordered their expungement, while clarifying that this order should not benefit any other party in pending contempt proceedings. The appeal was disposed of accordingly.
Headnote
A) Professional Conduct - Remarks Against Advocate - Expungement of Uncalled Remarks - Insolvency and Bankruptcy Code, 2016 - The remarks made by the Learned Adjudicating Authority against the Appellant were found to be uncalled for and were expunged. The court noted that the Appellant's email to the Court Master was a legitimate request for uploading an order pronounced in open court, and there was no ill intention behind it. Held that the observations were unjustified and should be removed from the record (Paras 1-4).
Issue of Consideration
Whether the remarks made by the Learned Adjudicating Authority against the Appellant were justified.
Final Decision
The appeal was disposed of with the observation that the remarks made by the Learned Adjudicating Authority in specified paragraphs were expunged, with a clarification that no benefit of this order shall be taken by any other party regarding pending contempt proceedings.
Law Points
- Professional conduct
- expungement of remarks
- duty of counsel
- communication with court
