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Pulkit Gupta vs Irp Keshav Khaneja

National Company Law Appellate Tribunal3 November 2025Ashok Bhushan

Ratio decidendi

The rule this decision rests on

The Tribunal's reasoning rests on the following principle: where an appellant, having been proposed as an interim resolution professional but not appointed, states that he does not seek the appointment, and where the adverse observations against him were made without any opportunity to answer the objections raised, the appellate body may dispose of the appeal without interfering with the impugned order while declaring that adverse observations in that order shall not be treated as adverse to the appellant for any purpose, and that any observation on his conduct or character is not a final observation and the disposal is no reflection on his conduct or character.

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. 1335 of 2025 & I.A. No. 5216 of 2025 IN THE MATTER OF: Pulkit Gupta ...Appellant

Versus

Keshav Khaneja, IRP Gensol Engineering Ltd. & Anr. ...Respondent

Present: For Appellant : Mr. Abhijeet Sinha, Sr. Adv. with Prateek Khanna, Sanskriti Dixit, Heena Kochar, Adv. For Respondents : None With Comp. App. (AT) (Ins) No. 1338 of 2025 & I.A. No. 5223 of 2025 IN THE MATTER OF: Pulkit Gupta ...Appellant

Versus

Keshav Khaneja, IRP Gensol EV Lease Ltd. & Anr. ...Respondent

Present: For Appellant : Mr. Abhijeet Sinha, Sr. Adv. with Prateek Khanna, Sanskriti Dixit, Heena Kochar, Adv. For Respondents : None

ORDER

(Hybrid Mode)

03.11.2025 : These two appeals have been filed by the Appellant

challenging the order dated 13.06.2025 passed in CP (IB) No.195/ AHM/2025

an CP (IB) No. 199/AHM/2025 by which the Adjudicating Authority while

admitting Section 7 application filed by the Financial Creditor (Respondent

No. 2), however, had not appointed the Appellant who was proposed as IRP.

2. The Appellant is aggrieved by only that part of the order where

observations have been made against the Appellant has filed the present

appeal.

3. Ld. Counsel for the Appellant at very out set submits that the Appellant

is not interested to be appointed as IRP in the CIRP of the CD, however,

adverse observation made may harm the interest of the Appellant.

4. We considered the submissions of the Appellant and perused the

record.

5. The objections were raised by the CD to the appointment of the

Appellant on the basis of which the Adjudicating Authority did not appoint

the Appellant. Admittedly, the Appellant had no opportunity to meet the

objections raised by the CD. In view of the fact that the Appellant has clearly

stated that he does not intend to claim its right to be appointed as IRP in the

CIRP of both the CDs.

6. We are of the view that any observation made in the order adverse to

the appellant be not considered to be any adverse observation against the

appellant for any purpose.

7. We observe that any observation made by the NCLT on the conduct or

character of the Appellant shall not be taken as a final observation in other

word disposal of this appeal will be no reflection on the character or conduct

of the Appellant as such.

8. In view of the aforesaid facts and circumstances, both the appeals are

disposed of without interfering with the order impugned.

[Justice Ashok Bhushan] The Chairperson

[Barun Mitra] Member (Technical)

Sheetal/Manu

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