Anuj Goyal vs Parminder Singh Bhullar & Anr. & Ors
- CitationComp. App. (AT) (Ins) No. 1022 of 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
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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