Roshan Colonisers Pvt. Ltd vs Manoj Kumar Resolution Professional Of ...

Roshan Colonisers Pvt. Ltd. ....Appellant COC Member (Having 100% voting rights) Vs.

Manoj Kumar (Resolution Professional) Grateful ...Respondent Buildinfra Pvt. Ltd. For Appellant Mr. Samar Bansal, Mr. Vipul Kumar, Mr. Prajwal Tiwari, Advocates. For Respondent Mr. Avinash Khanolkar, Mr. Mahesh T Nulolu, Ms. Khushboo Bhanushali, Advocates. Mr. Manoj Kumar, RP in person.

ORDER

(Hybrid Mode)

24.04.2026: Heard Learned Counsel for the Appellant.

2. This Appeal has been filed against the order passed by the Adjudicating

Authority dated 13.02.2026 by which IA No.13/JPR/2026 filed by the

Appellant, CoC member have been rejected.

3. Learned Counsel for the Appellant submitted that in the application

various prayers were made against the Resolution Professional who was not

complying with the directions of the CoC. Adjudicating Authority rejected the

application and observed that the CoC being 100% voting right it is within its

power to replace the Resolution Professional. The Adjudicating Authority also

imposed the cost of Rs.1 lakh on the Appellant. 2

4. After hearing Learned Counsel for the Appellant as well as Counsel for

the Respondent, we are of the view that the order passed by the Adjudicating

Authority cannot be interfered with. Sufficient reasons have been given by the

Adjudicating Authority for rejecting the application filed by the Appellant.

However, in the facts of the present case, we are of the view that imposition of

costs need to be deleted.

5. Appeal is dismissed subject to deletion of costs.

[Justice Ashok Bhushan] Chairperson

[Barun Mitra] Member (Technical) Anjali/md

Company Appeal (AT) (Insolvency) No. 665 of 2026