IBBI Disciplinary Committee Order in Re: Dushyant C. Dave, Insolvency Professional
Court / Authority
Insolvency & Bankruptcy Board
Update / Judgement Date
30 Aug 2026
Source
WCP News Bulletin
Author
Manas Yadav — WCP Legal Desk
Reading Time
3 min read
View Count

The Insolvency and Bankruptcy Board of India, through its Disciplinary Committee, in its order dated 30 March 2026, imposed a three-year suspension on Insolvency Professional Dushyant C. Dave for serious procedural and ethical violations in the CIRP of Altius Digital Private Limited. The order marks a stringent enforcement of statutory discipline, particularly in relation to claim verification and constitution of the Committee of Creditors under the Insolvency and Bankruptcy Code, 2016.
Allegations and CIRP Context
The CIRP commenced on 19 December 2023, with Mr. Dave acting as Interim Resolution Professional. The core allegations revolved around delayed and incomplete verification of claims, premature constitution and reconstitution of the CoC, and inconsistent disclosures made before the Adjudicating Authority and the CoC. The Disciplinary Committee found that claims of operational creditors remained under verification well beyond the statutory timeline of seven days, yet the IRP proceeded to constitute the CoC and convene meetings where critical decisions were taken.
Further, the IRP admitted a financial creditor, Asha Apartments Pvt. Ltd., into the CoC and assigned it 100 percent voting share despite the claim being under verification and the admitted amount recorded as nil. The Committee rejected the defence that only the “amount” of the claim was under verification, holding that verification of the claim itself remained incomplete. The reliance on Regulation 14 to justify provisional admission was found to be misplaced, as the provision applies only to estimation of claim amounts and not to the foundational determination of claim validity.
Findings and Regulatory Implications
The Disciplinary Committee concluded that the premature constitution of the CoC on the basis of unverified claims undermined the statutory framework of Section 21, which requires collation and verification of claims prior to CoC formation. It further held that assigning voting rights on unverified claims distorts the decision-making process and compromises the integrity of the insolvency regime. The subsequent rejection of the financial creditor’s claim by the incoming Resolution Professional and the Adjudicating Authority reinforced the conclusion that the initial admission was legally untenable. Additionally, the Committee found material inconsistency in the IRP’s statements. While filings before the Adjudicating Authority indicated that claims had been verified and admitted, minutes of CoC meetings simultaneously recorded them as under verification. This contradiction was held to violate the duty of transparency and accuracy under the Code of Conduct, raising concerns regarding neutrality and impartiality.
In view of these cumulative violations, the Disciplinary Committee exercised its powers under Section 220 of the Code and suspended the registration of the Insolvency Professional for three years. The order underscores that claim verification is not a procedural formality but the foundation of creditor rights and voting structure, and any deviation from this requirement strikes at the core of the insolvency framework.
Full Judgement / Attachment
Full Judgement
Frequently asked questions about Insolvency & Bankruptcy Board
- What is the IBBI?
- The Insolvency and Bankruptcy Board of India, set up on 1 October 2016 under the Insolvency and Bankruptcy Code, 2016 (IBC), regulates insolvency professionals, insolvency professional agencies, information utilities and registered valuers. It also frames the regulations for insolvency processes.
- When can insolvency be started against a company?
- A financial creditor, an operational creditor or the company itself can apply to the National Company Law Tribunal (NCLT) once there is a default of at least ₹1 crore. On admission, a moratorium starts and an interim resolution professional takes charge.
- How long does the corporate insolvency process take?
- The Code provides 180 days for the corporate insolvency resolution process (CIRP), extendable up to an overall limit of 330 days, including time spent in litigation. In practice, many cases take longer. The IBC (Amendment) Act, 2026, largely in force from 26 May 2026, requires the NCLT to decide admission applications within 14 days and to record reasons for any delay.
- Where can an NCLT insolvency order be appealed?
- An appeal lies to the National Company Law Appellate Tribunal (NCLAT) within 30 days, extendable by up to 15 days for sufficient cause. A further appeal lies to the Supreme Court on a question of law.
- How can White Collar Professional help with a insolvency matter?
- Post your requirement on White Collar Professional to receive proposals from verified Insolvency Professionals, Chartered Accountants and Advocates, compare them, and pay securely through the platform. This page also tracks the latest insolvency IBC and IBBI updates as they are reported.