Anoop Taneja & Ors. & Ors vs New Okhla Industrial Development ...
- CitationCompany Appeal (AT) (Insolvency) No. 310 of 2026
Ratio decidendi
The rule this decision rests on
In a corporate insolvency resolution process, where homebuyers form a class of financial creditors, individual members of that class lack standing to make independent applications before the adjudicating authority; they must be represented through an authorised representative, and the adjudicating authority does not err in refusing to entertain an application filed by individual members of the class. The dismissal of such an application does not bar the authorised representative of the class from filing a proper objection or application before the adjudicating authority in accordance with law.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
IN THE MATTER OF: Anoop Taneja & Ors. ...Appellant Versus New Okhla Industrial Development Authority & Anr. ...Respondents
Present: For Appellant : Present but appearance not marked.
For Respondents :
ORDER
(Hybrid Mode)
13.02.2026 : Heard counsel for the appellant.
2. This appeal has been filed against an order dated 09.01.2026 passed
by the adjudicating authority (National Company Law Tribunal, New Delhi,
Special Bench, Court - II) in I.A. No.66(ND)/2026.
3. The I.A. was filed by 8 homebuyers raising various prayers as has been
noticed in the beginning of the order. Adjudicating authority came to the
conclusion that application at the instance of 8 homebuyers cannot be
entertained. Homebuyers who are creditors in a class are to be represented
through authorised representative.
4. In the present case, resolution plan has been approved by the
Committee of Creditors (CoC) and is pending approval before the adjudicating
authority.
5. The adjudicating authority having taken the view that appellant has no
locus to file the application has rejected the application as not maintainable.
6. Learned counsel for the appellant submits that appellant wanted
certain facts to be brought into the notice of the adjudicating authority
regarding the claims of the Noida and certain orders of the High Court.
7. Be that as it may, the appellant being creditor in a class belonging to
larger group of homebuyers are to be represented in proceedings though
authorised representative, adjudicating authority has not committed any
error in not entertaining the application.
8. We, however, observe that rejection of the application by the appellant
shall not preclude the authorised representative to file a proper
objection/application before the adjudicating authority in accordance with
law.
With these observations, the appeal is dismissed.
[Justice Ashok Bhushan] Chairperson
[Barun Mitra] Member (Technical) himanshu/md
Comp. App. (AT) (Ins.) No. 310 of 2026 & I.A. No. 1147 of 2026 2 of 2
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