BANK OF INDIA Vs. KISHORE BIYANI

JUDGEMENT

(1.) The Petitioner essentially assails the forensic report dated 9 th August 2023 prepared by the Respondent No.2- BDO India LLP, a Chartered Accountant's Firm. According to the Petitioner, the Respondent No.2-Firm is appointed by the Respondent No.1-Bank of India to conduct a forensic audit of the Respondent No.3-Company, which is currently under the Corporate Insolvency Resolution Process ('CIRP'). The Petitioner is an erstwhile director of the Respondent No.3-Company (now under suspension)

(2.) By order dtd. 25/9/2023, the Petitioner was granted leave to amend the prayer clause, to challenge the show-cause notice dtd. 17/8/2023, issued by the concerned Committee of the Respondent No.1-Bank of India. Notice was issued to the Respondents. Meeting the challenge of the Petitioner to the Forensic Audit Report ('FAR'), it was submitted on behalf of the Respondent No.2 that the impugned FAR was an interim report and the final report was submitted to the Respondent No.1-Bank of India . However, since it was the contention of the Petitioner that he was not aware of any such final FAR nor was a copy provided to him so far, this Court directed that the said report shall not be acted upon till the next date.

(3.) Pursuant to the order dated 25 th September 2023, the Petition was amended and the prayer (d-1) and was added seeking to quash and set aside the letter/show-cause notice dated 17 th August 2023, addressed by the Respondent No.1-Bank of India to the Petitioner.