Pawan Cargo Forwards (P) Ltd vs Mr. Vijay Kumar Gupta Resolution ...

Comp. App. (AT) (Ins) No. 264 of 2026 IN THE MATTER OF: Pawan Cargo Forwards (Pvt) Ltd. ...Appellant(s)

Versus Vijay Kumar Gupta & Ors. ...Respondent(s)

Present: For Appellant : Mr. Pulkit Deora, Ms. Anjali Soni, Advocates

For Respondents : Mr. Rakesh Kumar, Ms. Preeti Kashyap, Mr. Ankit Sharma, Mr. Pulkit Mehrotra, Advocates

ORDER

(Hybrid Mode)

27.02.2026 Heard Ld. Counsel for Appellant and Ld. Counsel appearing

for the Respondent.

2. This Appeal has been filed against the order dated 03/12/2025 passed

by the Adjudicating Authority in I.A No. 2521/CH/2024.

3. Appellant is an operational creditor who has filed an Application No.

2521/CH/2024, raising various objections to the Resolution Plan, which has

been rejected.

4. Adjudicating Authority, in the impugned order has referred to an earlier

order dated 16/05/2024, which was passed on Application filed by the

Appellant, I.A. No. 1539 of 2022.

5. Adjudicating Authority by the impugned order has directed that copy of

the final version of the Resolution Plan be provided to the Applicant therein,

that is the Appellant before us. Adjudicating Authority has further observed

the following :-

"The compliance of Section 30 (2) (b) in any case will have to be examined while considering the Resolution Plan for granting approval".

6. It is admitted case of the Parties that Resolution Plan approval is still

pending. Ld. Counsel for Appellant submitted that Appellant is an operational

creditor whose claim has been admitted of more than Rs. 2,00,00,000/- and

he is the person who shall be the most affected by the Plan approval.

7. The Adjudicating Authority, as noted above, has already observed that

the compliance of Section 30 (2) (b) will have to be examined while considering

the Resolution Plan for granting Approval. In the present case, we are of the

view that Appellant shall also be given an opportunity of hearing by the

Adjudicating Authority so as to point out non-compliance of the statutory

provisions. We make it clear that we are not granting opportunity to the

Applicant to file any fresh Application and he shall be only permitted for

making oral submissions.

8. With these observations, we dispose of the Appeal.

[Justice Ashok Bhushan] Chairperson

[Barun Mitra] Member (Technical) Prerana/md

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