Radha Buildtech (India) Pvt. Ltd vs Solitaire Infomedia Pvt. Ltd. & Ors
- CitationComp. App. (AT) (Ins) No. 675
Ratio decidendi
The rule this decision rests on
Where both corporate debtors themselves have applied for consolidation of their corporate insolvency resolution processes, the Adjudicating Authority's direction for consolidation and for a joint CIRP of those debtors is not open to challenge on appeal. Once consolidation is ordered, the consolidated CIRP must proceed afresh under the Insolvency and Bankruptcy Code and the Regulations: a resolution plan previously approved by the committee of creditors of one of the constituent debtors does not survive the consolidation, and the steps of the joint process must be taken anew. An appellant who does not oppose consolidation in principle cannot resist a consolidation that has been ordered on the debtors' own application, merely on the ground that it was sought in a manner the appellant prefers otherwise.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
Comp. App. (AT) (Ins) No. 675 & 676 of 2026 & I.A. No. 2647, 2648 of 2026 IN THE MATTER OF: Radha Buildtech (India) Pvt. Ltd. ...Appellant(s)
Versus Solitaire Infomedia Pvt. Ltd. Through Jalesh Kumar ...Respondent(s) Grover Resolution Professional & Ors. Present: For Appellant : Mr. Pooja Saigal, Sr. Advocate with Mr. Kabir Chhilwar, Mr. Nivesh Dixit, Advocates
For Respondents : Mr. Abhishek Anand, Advocate
Mr. Palash Singhai, Mr. Harshal Sareen, Ms. Aashima Gautam, Advocates for R3
Mr. Aditya Madan, Advocate for R4
ORDER
(Hybrid Mode)
06.05.2026 Heard Ld. Counsel for Appellant and Ld. Counsel
appearing for Respondents.
2. This Appeal has been filed against the order dated 12/02/2026
passed by National Company Law Tribunal, Court V, New Delhi in I.A. No
3373/2025.
3. I.A. was filed seeking a direction for consolidation of Corporate
Insolvency Resolution Process of M/s Solitaire Infomedia Pvt. Ltd, Corporate
Debtor, with Premia Project Limited into single proceedings. Both the CDs
have filed the Application for Consolidation.
4. Appellant, before us is a Resolution Application of Premia Project
Limited, who is challenging the order directing for consolidation of the CIRP.
5. It is submitted by Ld. Counsel for Appellant that creditors are the
same and the Resolution Plan had already been submitted by Appellant
which was approved by Committee of Creditors of M/s Premia Project
Limited.
6. Shri Abhishek Anand, Ld. Counsel for Respondent submitted that in
view of the Consolidation of CIRP, the issuance of Form G is consequential
action and joint CIRP of both the CDs have to commence, which was
directed by the Adjudicating Authority.
7. We have heard the Counsels for the Parties and perused the records.
8. When both the CDs themselves have prayed for the consolidation of
the CIRP, we do not find any error in the order of the Adjudicating Authority
directing for such Consolidation for initiation of joint CIRP of both the
Corporate Debtors.
9. In so far as the submission of the Appellant that creditors are same
and Plan has been approved by the CoC, we are of the view that the process
has to restart and in the joint CIRP, the steps, as per the IBC and the
Regulations have to be taken afresh.
10. We further clarify that it shall always be open for the Appellant to
submit Resolution Plan when appropriate time comes, if eligible, for
consideration.
11. Ld. Counsel for Appellant submitted that the Appellant is not against
the consolidation but the consolidation is sought otherwise. We are of the
view that the said submission cannot be accepted when consolidation has
been made, both has to be treated to be consolidated into one CIRP Process.
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12. With the above observations, Appeal dismissed.
[Justice Ashok Bhushan] Chairperson
[Barun Mitra] Member (Technical) Prerana/md
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