Anupam Aggarwal vs Rajesh Mehru

IN THE MATTER OF: Anupam Agarwal ...Appellant Versus Rajesh Mehru & Anr. ...Respondents

Present: For Appellant : Mr. Gautam Singhal, Mr. Rajat Chaudhry, Ms. Aastha Vishnoi, Ms. Kanika Balhara, Ms. Surksha Mandhyan and Ms. Anjali Maurya, Advocates.

For Respondents :

WITH

Company Appeal (AT) (Insolvency) No. 1257 of 2025 & I.A. No. 4935 of 2025

IN THE MATTER OF: Gulshan Rai ...Appellant Versus Rajesh Mehru & Anr. ...Respondents

Present: For Appellant : Mr. Gautam Singhal, Mr. Rajat Chaudhry, Ms. Aastha Vishnoi, Ms. Kanika Balhara, Ms. Surksha Mandhyan and Ms. Anjali Maurya, Advocates.

For Respondents :

ORDER

(Hybrid Mode)

21.08.2025 : I.A. Nos. 4928 & 4935/2025

1. Sufficient cause has been shown for condonation of 12 days delay in

filing of the appeal.

Delay condoned.

Comp. App. (AT) (Ins.) Nos. 1256 & 1257/2025

1. Heard counsel for the appellant.

2. These appeals have been filed against an order dated 10.06.2025 by

which order, Rst. App. (IBC) Nos.26 & 27/2024 filed by the appellant have

been rejected.

3. Appellant filed Section 94 application in the year 2023 through the

Resolution Professional (RP) Mr. Rajesh Mehru. The RP did not submit a

report and did not appear on several occasions. Matter was taken by the

Court on 20.08.2024, on which date the adjudicating authority passed an

order dismissing the Section 94 petition by following order:

"On the last date of hearing i.e. on 22.07 .2024, it was noted that neither the report under Section 99 of the Code has been filed by the RP nor he was present on that date and was directed to come present before this Tribunal either physically or through video conferencing but even today, there is no representation on behalf of the Resolution Professional. A short pass over of 5 minutes was also given on the request of learned counsel for the petitioner/ personal guarantor but he is still not present. This matter pertains to year 2023 and it seems that the petitioner who has filed this petition through RP Mr. Rajesh Mehru is taking undue advantage of the interim moratorium and they are not serious to proceed with the present petition. In these circumstances, the present petition CP(IB) No. 242/Chd/Pb/2023 is dismissed with cost of Rs. 20,000/- to be deposited in Prime Minister's National Relief Fund."

4. Appellant filed an application for recall of the order which has been

rejected. Learned counsel for the appellant submits that the Section 94

application was dismissed for non-appearance of the RP, hence application

was filed to recall the order which has been rejected.

Comp. App. (AT) (Ins.) No. 1256 & 1257 of 2025 2 of 3

5. We have perused the order dated 20.08.2024. The order states as

following:

This matter pertains to year 2023 and it seems that the petitioner who has filed this petition through RP Mr. Rajesh Mehru is taking undue advantage of the interim moratorium and they are not serious to proceed with the present petition. In these circumstances, the present petition CP(IB) No. 242/Chd/Pb/2023 is dismissed with cost of Rs. 20,000/- to be deposited in Prime Minister's National Relief Fund."

6. The Section 94 application was thus dismissed not on non-prosecution

but on considering the facts and circumstances of the case with the

observation that this petition through RP - Rajesh Mehru is taking undue

advantage of the interim moratorium, the said observation has been made by

the Court on the merits.

7. We thus are of the view that present was not a case where the Section

94 application was dismissed for non-prosecution rather it was dismissal on

merits. Bank has also raised an objection before the adjudicating authority

that the order dated 20.08.2024 was an appealable order. We thus are of the

view that adjudicating authority did not commit any error in rejecting the

restoration application.

There is no merit in either of the appeals. Both the appeals are

dismissed.

[Justice Ashok Bhushan] Chairperson

[Barun Mitra] Member (Technical) himanshu/nn

Comp. App. (AT) (Ins.) No. 1256 & 1257 of 2025 3 of 3