Azad Bhatia- Sole Proprietor Akme ... vs Mr. Jalesh Kumar Grover Resolution ...

Reliable Developers ....Appellant Vs.

Jalesh Kumar Grover ...Respondent

Company Appeal (AT) (Insolvency) No. 1072 of 2025 & I.A. No. 4185 of 2025

In the matter of:

Azad Bhatia- Sole Proprietor ....Appellant Vs.

Jalesh Kumar Grover ...Respondent For Appellant Mr. Nakul Mohta, Mr. Aditya Dhingra, Advocates.

For Respondent Mr. Abhishek Anand, Mr. Karan Kohli, Ms. Palak Kalra, Advocates for RP

ORDER

(Hybrid Mode)

18.08.2025: These Appeals have been filed challenging the order dated

24.04.2025 passed in two IAs filed by the Appellant seeking their deletion from

the IA No.2924 of 2020. IA No.2924 of 2020 was filed by the Resolution

Professional under Section 66 of the IBC in which application Appellants were

party Respondents. Appellant filed an application claiming that they are third 2

parties and hence, their names be deleted from IA No.2924 of 2020.

Adjudicating Authority by the impugned order in paragraph 4 has made

following observations:-

"4. Upon considering the submissions of the parties and the material available on record, we are of the view that it would be appropriate to consider the specific prayers made by the Applicant in IA No. 5437 of 2024 at the time of adjudication on merits of IA No. 2924 of 2020, which pertains to proceedings under Section 66 of the IBC. This application is accordingly disposed of without commenting upon the pleas raised therein. These pleas will be available to the Applicant in IA No. 2924 of 2020, where it is impleaded as Respondent No. 17."

2. Counsel for the Appellant submits that the applications are pending for

the last more than four years and in several applications, pleadings are

complete, however, application IA No.2924 of 2020 is lingering on for last four

years.

3. We have considered the submissions of the Counsel for the Appellant

and Counsel for the Resolution Professional and perused the record.

4. Adjudicating Authority has not considered the application on its merits

and only disposed of the application observing that these pleas will be

available to the Appellant in IA No.2924 of 2020. After hearing the parties, we

are of the view that the Adjudicating Authority may consider the prayer in

application for deletion of the name at the time of hearing of IA No.2924 of

2020. However, the application of the Appellant should be kept pending so

that appropriate order be passed in the application. In event the application is 3

disposed of, the prayer for deletion shall not be available before the

Adjudicating Authroity.

5. We, thus, dispose of the Appeal reviving the IA No.5437 of 2024 and IA

No.5438 of 2024 which may be considered and decided by the Adjudicating

Authority at an early date. Appeal is disposed of.

[Justice Ashok Bhushan] Chairperson

[Barun Mitra] Member (Technical)

Anjali/nn