Punjab & Sind Bank vs Umesh Singhal & Ors
- CitationCompany Appeal (AT) (Ins) No. 1827 of 2025
Ratio decidendi
The rule this decision rests on
The appeal against the rejection of an application seeking verification of creditors' claims, reconstitution of the CoC, and inspection of homebuyers' claim forms is held infructuous because the Committee of Creditors has already approved the resolution plan, so the issues raised no longer subsist for adjudication in the appeal; the appellant is left free to raise all permissible objections before the Adjudicating Authority when the plan approval application is heard.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
NATIONAL COMPANY LAW APPELLATE TRIBUNAL PRINCIPAL BENCH, NEW DELHI Company Appeal (AT) (Ins) No. 1827 of 2025 IN THE MATTER OF: Punjab & Sind Bank ...Appellants Versus Umesh Singhal, ...Respondents IRP of Supertech Township Project Ltd. & Ors.
Present: For Appellant : Mr. Nikhil Beniwal, Mr. Pulkit Duhan, Mr. Gyanendra Casshyap, Advocates. For Respondents : Mr. Virender Ganda, Sr. Advocate with Mr. Vishal Ganda, Mr. Rabi Karmokar, Ms. Chhavi Jain, Mr. Rishabh Arya, Advocates a/w IRP in Person. Mr. Surender Singh, homebuyer a/w Mr. Rajiv Malik, AR of homebuyer.
ORDER
(Hybrid Mode)
18.03.2026: Heard counsel for the appellant as well as Shri Virender
Ganda, Ld. Sr. Counsel appearing for the IRP.
2. This appeal has been filed against the order dated 10.10.2025 passed
by the National Company Law Tribunal, New Delhi Bench-IV in IA No. 1601 of
2025. The appellant Punjab & Sind Bank has filed the IA praying for various
reliefs as noted in paragraph-1. The prayers in the paragraph-1 are as
follows:-
"a. Direct the Respondent to verify the claims of all the Creditors as per the Regulations and re-constitute the CoC; b. Direct the Respondent to not convene to further CoC meeting till proper verification of the claims of all the Creditors; c. Direct the Respondent to allow the Applicant and any authorized person on behalf of the Applicant to inspect the Claim Forms filed by the homebuyers (Secured financial creditors belonging to class of creditors) of the Corporate Debtor; d. Direct the Respondent to provide copies of the Claim Forms filed by the homebuyers (Secured financial creditors belonging to class of creditors) of the Corporate Debtor;
e. Pass such other Orders or directions as this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of the case."
3. Adjudicating Authority has heard the application and by impugned
order has rejected the application it was observed by the Adjudicating
Authority that Applicant has failed to establish any locus, illegality, or
procedural irregularity in the conduct of the IRP.
4. Ld. Counsel for the IRP made a statement that the resolution plan has
already been approved yesterday by the CoC and the appellant whose claim
was 100% accepted has also voted in favour of the plan. The resolution plan
having been approved by CoC now the matter has to be considered by
Adjudicating Authority when application is filed for approval of resolution
plan.
5. We are of the view that in view of these above facts, the issues raised in
the appeal has become infructuous. We only observe that it will be open for
the appellant to raise all permissible objections before the Adjudicating
Authority at the time of hearing of the plan approval application.
With the liberty aforesaid, we dismiss the appeal.
[Justice Ashok Bhushan] Chairperson
[Barun Mitra] Member (Technical) harleen/MD
2 of 2 Company Appeal (AT) (Ins) No. 1827 of 2025
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