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Anuj Goyal vs Parminder Singh Bhullar & Anr. & Ors

National Company Law Appellate Tribunal29 May 2026

Ratio decidendi

The rule this decision rests on

Where a prospective buyer under an agreement with an existing homebuyer seeks, during the pendency of Adjudicating Authority proceedings on a resolution plan, to be substituted for that homebuyer or to be classified as a financial creditor with voting rights in the Committee of Creditors, intervention is not warranted at that stage, because any order passed on the resolution plan will bind the existing homebuyer from whom the applicant claims through the agreement, so the applicant's rights are derivative and are bound by that order. An applicant whose claim is not yet crystallised in the existing homebuyer's favour may approach the Adjudicating Authority, through the Supreme Court-of-Resolution-Plan route or otherwise after the plan approval order is passed, rather than seeking interim intervention in the plan approval proceedings.

Written by Miss Lucy from the judgment below, not taken from a headnote.

Judgment

As delivered

NATIONAL COMPANY LAW APPELLATE TRIBUNALPRINCIPAL BENCH, NEW DELHI

Comp. App. (AT) (Ins) No. 1022 of 2026 IN THE MATTER OF: Anuj Goyal ...Appellant(s)

Versus Parminder Singh Bhullar & Anr. ...Respondent(s)

Present: For Appellant : Mr. Sandeep Bajaj, Mr. Shashwat Anand, Mr. Mayank Biyani, Advocates

For Respondents : Mr. Abhijeet Sinha, Sr. Advocate with Mr. Karan Malhot, Mr. Anand Shankar Tripathi, Mr. Anant Sharma, Advocates for R2

Mr. Atul Sood, Mr. Rohan Sood, Advocates for R1

ORDER

(Hybrid Mode)

29.05.2026 Heard Ld. Counsel for Appellant.

2. This Appeal has been filed against the order dated 22/05/2026

passed in I.A.(IBC)/56(CH)/2026. By the impugned order, Application filed

by the Appellant is rejected.

3. In the Corporate Insolvency Resolution Process of the Corporate

Debtor, the Sarv Awas Housing Bhiwadi Private Limited, the Resolution Plan

was approved by the Committee of Creditors on 24/11/2024.

4. The Appellant filed the Application claiming an agreement as

prospective buyer agreement dated 07/11/2025 from an existing

homebuyer on the basis of which the Application was filed praying for

following reliefs :

PRAYER

"It is therefore, humbly prayed, for the reasons as aforementioned this Hon'ble Tribunal may be pleased to: a. Allow the present application; and b. Direct the Resolution Professional to substitute/amend the name of Mr. Manoj Kumar Tripathi with the name of the Applicant, Mr. Anuj Goyal;

c. Direct the Resolution Professional to classify and include the Applicant, Mr. Anuj Goyal, in the list of homebuyers/financial creditors of the Corporate Debtor and grant the Applicant his proportionate voting share in the Committee of Creditors in accordance with the admitted financial debt; d. Pass such other or further order/order(s) as it may deem fit and proper in the facts and circumstances of the instant application."

5. Ld. Counsel for Resolution Professional submits that Plan Approval

Application has already been heard and reserved for Orders. Appellant, in

the Application at best has claimed as a prospective buyer agreement with

an existing homebuyer dated 07/11/2025.

6. Whatever order is passed by Adjudicating Authority on the Resolution

Plan, definitely shall be binding on the homebuyer from whom the Applicant

is claiming to be, obtain a prospective buyer agreement.

7. We thus are of the view that at this stage there was no occasion to

permit the Applicant to intervene in the matter. After the Plan approval

order is passed, it is always open for the Applicant to approach the SRA.

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9. With these observations we dismiss the Appeal.

[Justice Ashok Bhushan] Chairperson

[Indevar Pandey] Member (Technical) Prerana/md

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